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The 
^fORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




IN ADDITION 

Final Decision Letters 

PROPOSED RULES 
Electrical Contractors 

Environment, Health, and Natural Resources 
Geologists 
Human Resources 
Justice 
Opticians 
Transportation 



RRC OBJECTIONS 



RECEIVED 

DEC 4 1992 
LAW LIBRAiW 



RULES INVALIDATED BY JUDICIAL DECISION 



CONTESTED CASE DECISIONS 



ISSUE DATE: December 1, 1992 



Volume 7 • Issue 17 • Pages 1721 - 1828 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 



TEMPORARY RULES 



The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, 
P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447. 



Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the findings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (SO. 15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
($750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



FOR INFORMATION 


CONTACT 


Office 


of 


Administrative Hearings, 


ATTN: Rules 


Division, 


P.O. 


Drawer 27447, Raleigh, North Carolina 27611-7447, 


(919) 


733-2678. 









NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr.. 

Deputy Director 
Molly Masich, 

Director of APA Services 



Staff: 

Ruby Creech. 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 



I. IN ADDITION 

Final Decision Letters 1721 

II. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Health Services 1775 

Wildlife Resources Commission . 1736 

Human Resources 
Medical Assistance 1723 

Justice 
N.C. Alarm Systems Licensing 

Board 1732 

Private Protective Services 1731 

Licensing Boards 

Electrical Contractors 1785 

Geologists 1792 

Opticians 1793 

Transportation 
Highways, Division of 1781 

III. RRC OBJECTIONS 1795 

IV. RULES ESTVALIDATED BY 
JUDICIAL DECISION 1799 

V. CONTESTED CASE DECISIONS 

Index to AI_J Decisions 1800 

Text of Selected Decisions 

92 ABC 0574 1817 

92 DST 0787 1821 

VI. CUMULATIVE INDEX 1826 



NORTH CAROLLNA REGISTER 

Publication Schedule 

(August 1992 - December 1993) 







Last Day 


Earliest 


Earliest 










for Elec- 


Date for 


Date for 


Last Day 


^Earliest 


Issue 


Last Day 


tronic 


Public 


Adoption 


to Submit 


Effective 


Date 


for Filing 


Filing 


Hearing 


by Agency 


to RRC 


Date 


08/03/92 


:±: * * ■?< rfole ak 

07/13/92 


07/20/92 


08/18/92 


09/02/92 


09/20/92 


11/02/92 


08/14/92 


07/24/92 


07/31/92 


08/29/92 


09/13/92 


09/20/92 


11/02/92 


09/01/92 


08/11/92 


08/18/92 


09/16/92 


10/01/92 


10/20/92 


12/01/92 


09/15/92 


08/25/92 


09/01/92 


09/30/92 


10/15/92 


10/20/92 


12/01/92 


10/01/92 


09/10/92 


09/17/92 


10/16/92 


10/31/92 


11/20/92 


01/04/93 


10/15/92 


09/24/92 


10/01/92 


10/30/92 


11/14/92 


11/20/92 


01/04/93 


11/02/92 


10/12/92 


10/19/92 


11/17/92 


12/02/92 


12/20/92 


02/01/93 


11/16/92 


10/23/92 


10/30/92 


12/01/92 


12/16/92 


12/20/92 


02/01/93 


12/01/92 


11/06/92 


11/13/92 


12/16/92 


12/31/92 


01/20/93 


03/01/93 


12/15/92 


11/24/92 


12/01/92 


12/30/92 


01/14/93 


01/20/93 


03/01/93 


01/04/93 


12/09/92 


12/16/92 


01/19/93 


02/03/93 


02/20/93 


04/01/93 


01/15/93 


12/22/92 


12/31/92 


01/30/93 


02/14/93 


02/20/93 


04/01/93 


02/01/93 


01/08/93 


01/15/93 


02/16/93 


03/03/93 


03/20/93 


05/03/93 


02/15/93 


01/25/93 


02/01/93 


03/02/93 


03/17/93 


03/20/93 


05/03/93 


03/01/93 


02/08/93 


02/15/93 


03/16/93 


03/31/93 


04/20/93 


06/01/93 


03/15/93 


02/22/93 


03/01/93 


03/30/93 


04/14/93 


04/20/93 


06/01/93 


04/01/93 


03/11/93 


03/18/93 


04/16/93 


05/01/93 


05/20/93 


07/01/93 


04/15/93 


03/24/93 


03/31/93 


04/30/93 


05/15/93 


05/20/93 


07/01/93 


05/03/93 


04/12/93 


04/19/93 


05/18/93 


06/02/93 


06/20/93 


08/02/93 


05/14/93 


04/23/93 


04/30/93 


05/29/93 


06/13/93 


06/20/93 


08/02/93 


06/01/93 


05/10/93 


05/17/93 


06/16/93 


07/01/93 


07/20/93 


09/01/93 


06/15/93 


05/24/93 


06/01/93 


06/30/93 


07/15/93 


07/20/93 


09/01/03 


07/01/93 


06/10/93 


06/17/93 


07,16/93 


07/31/93 


08/20/93 


10/01/93 


07/15/93 


06/23/93 


06/30/93 


07/30/93 


08/14/93 


08/20/93 


10/01/93 


08/02/93 


07/12/93 


07/19/93 


08/17/93 


09/01/93 


09/20/93 


11/01/93 


08/16/93 


07/26/93 


08/02/93 


08/31/93 


09/15/93 


09/20/93 


11/01/93 


09/01/93 


08/11/93 


08/18/93 


09/16/93 


10/01/93 


10/20/93 


12/01/93 


09/15/93 


08/24/93 


08/31/93 


09/30/93 


10/15/93 


10/20/93 


12/01/93 


10/01/93 


09/10/93 


09/17/93 


10/16/93 


10/31/93 


11/20/93 


01/04/94 


10/15/93 


09/24/93 


10/01/93 


10/30/93 


11/14/93 


11/20/93 


01/04/94 


11/01/93 


10/11/93 


10/18/93 


11/16/93 


12/01/93 


12/20/93 


02/01/94 


11/15/93 


10/22/93 


10/29/93 


11/30/93 


12/15/93 


12/20/93 


02/01/94 


12/01/93 


11/05/93 


11/15/93 


12/16/93 


i: 3i 93 


01/20/94 


03/01/94 


12/15/93 


11/24/93 


12/01/93 


12/30/93 


01/14/94 


01/20/94 


03/01/94 



* Tlie "Earliest Effective Date" is computed assuming that the agency follows the 
publication schedule above, that the Rules Review Conunission approves the rule at 
the next calendar month meeting after submission, and that RRC delivers the rule to 
the Codifter of Rules five (5) business days before the 1st business day of the next 
calendar month. 



IN ADDITION 



G.S. 120-30. 9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change affecting 
voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina Register . 



U.S. Department of Justice 

Civil Rights Division 

JRD:LLT:NT:mrj Voting Section 

DJ 166-012-3 P.O. Box 66128 

92-4319 Washington, D.C. 20035-6128 

November 6, 1992 

David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, North Carolina 28359-1388 

Dear Mr. Holec: 

This refers to the annexation [Ordinance No. 1359 (1992)] to the City of Lumberton in Robeson 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act 
of 1965, as amended, 42 U.S.C. 1973c. We received your submission on September 22, 1992. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28 
C.F.R. 51.41). 



Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1721 



IN ADDITIOX 



( 



U.S. Department of Justice 

Civil Rights Division 

JRD:GS:TGL:gmh Voting Section 

DJ 166-012-3 P.O. Box 66128 

92-4352 Washington. D.C. 20035-6128 

November 9. 1992 

Kenneth R. Hoyle, St., Esq. 

Lee County Attorney 

P. O. Box 1968 

Sanford, North Carolina 27331-1968 

Dear Mr. Hoyle: 

This refers to the use of the optical scan method of voting in Lee County. North Carolina, submitted 
to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received your submission on September 22, 1992. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. In addition, as authorized by Section 5, we reserve the 
right to reexamine this submission if additional information that would otherwise require an objection comes 
to our attention during the remainder of the sixty-day review period. See the Procedures for the 
Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 



Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 

By: 

Steven H. Rosenbaum 
Chief. Voting Section 



I 



( 



1722 7:17 XORTH CAROLIXA REGISTER December 1, 1992 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical 
Assistance intends to adopt rule cited as 10 NCAC 
26B .0123, with changes from the proposed text 
noticed in the Register, Volume 7, Issue 13, pages 
1294-1295. 

1 he proposed effective date of this action is 
March 1, 1993. 

IXeason for Proposed Action: Tins adoption will 
allow Medicaid to pay for all components of the 
drug therapies except for the drugs in a package 
per diem rate. Tins single coverage designation 
simplifies access to care for Medicaid recipients, 
relieving the recipient and the attending physician 
from having to contact multiple agencies to ar- 
range care. 

Ksomment Procedures: Written comments con- 
cerning this adoption must he submitted by Janu- 
ary 1, 1993. to: Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC 27603 ATTN: 
Clarence Ervin, APA Coordinator. Oral comments 
may be presented at the hearing. In addition, a 
fiscal impact statement is available upon written 
request from the same address. 

CHAPTER 26 
MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL 
ASSISTANCE PROVIDED 



chemotherapy; 

(4) Intravenous antibiotic therapy; 

(5) Pain management therapy, including 
subcutaneous, epidural, intrathecal, and 
intravenous pain management therapy. 

(b) An agency must be a home care agency 
licensed in North Carolina for the provision of 
infusion nursing services to qualify for enrollment 
as a HIT provider. 

In addition to enrolled HIT providers, agencies 
enrolled to provide durable medical equipment 
may provide the supplies, equipment, and nutrient 
formulae for enteral infusion therapy. 

Authority G.S. 108A-25(b): 42 C.F.R. 440.230; 
42 C.F.R. 440.260. 



"> ^ -<. *7» --- '.< -i* ■ $ 






ISotice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical 
Assistance intends to adopt rule cited as 10 NCAC 
26B .0124. 

1 he proposed effective date of this action is 
March 1, 1993. 

1 he public hearing will be conducted at 1:30 
p.m. on January' 4, 1993 at the North Carolina 
Division of Medical Assistance, 1985 Umstead 
Drive, Room 132, Raleigh, NC 27603. 

ixeason for Proposed Action: This rule insures 
that holders of CON who violate the CON agree- 
ment, and who become certified, are not enrolled 
in the Medicaid program. 



SECTION .0100 - GENERAL 

.0123 HOME INFUSION THERAPY 

(a) Self-administered Home Infusion Therapy 
(HIT) is covered when it \s medically necessary 
and provided through an enrolled HIT agency as 
prescribed by a physician. "Self-administered" 
means that the patient or an unpaid primary 
caregiver is capable, able, and willing to 
administer the therapy following teaching and with 
monitoring. The following therapies are included 
jn this coverage when self-administered: 

(1) Total parenteral nutrition; 

(2) Enteral nutrition; 

(3) I ntrathecal and intravenous 



L^onunent Procedures: Written convnents con- 
cerning this adoption must be submitted by Janu- 
ary 4, 1993, to: Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC 27603 ATTN: 
Clarence Ervin , APA Coordinator. Oral comments 
may be presented at the hearing. In addition, a 
fiscal impact statement is available upon written 
request from the same address. 

SUBCHAPTER 26B - MEDICAL 
ASSISTANCE PROVIDED 

SECTION .0100 - GENERAL 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1723 



PROPOSED RULES 



.0124 INSTITUTIONAL HEALTH 
SERVICES 

No provider may be enrolled in the Medicaid 
Program for services required under the Certificate 
of Need Law unless those services meet the re- 
quirements of G.S. 131E-190. 

Statutory Authority G.S. 108A-25(b); 108A-54. 



¥ * V 



^i^c^t^e^c^c^c^^;^:^:^^: 



l\ otice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical 
Assistance intends to amend rules cited as 10 
NCAC 50B .0311 and .0313. 



Comment Procedures: Written comments con- 
cerning this amendment must be submitted by 
January 4, 1993. to: Division of Medical Assis- 
tance. 1985 Umstead Drive. Raleigh, NC 27603 
ATTN: Clarence Ervin. APA Coordinator. Oral 
comments may be presented at the hearing In 
addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 50 - MEDICAL 
ASSISTANCE 

SUBCHAPTER 50B - ELIGIBILITY 
DETERMLNATION 

SECTION .0300 - CONDITIONS 
FOR ELIGIBILITY 



1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 1:30 
p.m. on January 4. 1993 at the North Carolina 
Division of Medical Assistance, 1985 Umstead 
Drive. Room 132, Raleigh. NC 27603. 

Keason for Proposed Action: 

10 NCAC 50B .0311: Amendment will revise rule 
to incorporate rules for considering assets owned 
b\ individuals who are incompetent. 

10 NCAC 50B .0313: Rule needs to be revised to 
correct an error. Tlie Rule currently addresses tax 
refunds and then goes into the rules for Passalong 
of Social Security benefits without introductory 
statements. Tlie proposed amendment makes this 
correction and adds: 

- - the federally mandated passalong of Cost of 
Living Adjustments (COLA 's ) for disabled wid- 
ows/widowers who lost SSI benefits effective 
January, 1984, as a result of the elimination of the 
Actuarial Reduction Formula, 

- - the passalong of COLA 's for categorically 
needy M-AABD clients who would be eligible for 
SSI if all RSDI COLA 's since they received SSI 
and 'or State /County Special Assistance concurrent- 
ly with RSDI were disregarded, and 

- - the special RSDI passalong for disabled wid- 
ows 'widowers /surviving divorced spouses who are 
not yet entitled to Medicare Part A. 



.0311 RESERVE 

North Carolina has elected the option under 
Section 1902(f) of the Social Security Act to limit 
Medicaid eligibility for the aged, blind or the 
disabled to individuals who meet eligibility re- 
quirements more restrictive than those under 
Supplemental Security Income. Applicants for and 
recipients of Medicaid shall use their own resourc- 
es to meet their needs for living costs and medical 
care to the extent that such resources can be made 
available. Certain resources shall be protected to 
meet specific needs such as burial and transporta- 
tion and a limited amount of resources shall be 
protected for emergencies. 
( 1 ) The value of resources currently available 
to any budget unit member shall be con- 
sidered in determining financial eligibili- 
ty. A resource shall be considered avail- 
able when it is actually available and 
when the budget unit member has a legal 
interest in the resource and he. or some- 
one acting in his behalf, can take any 
necessary action to make it available. 
(a) Resources shall be excluded in deter- 

mining financial eligibility when the 
budget unit member having a legal 
interest in the resources |s incompetent 
unless: 
(i) A guardian of the estate, a general 
guardian or an interim guardian has 
been lawfully appointed and js able to 
act on behalf of his ward in North 
Carolina and in any state in which 
such resources are located; or 
(ii) A durable power of attorney, valid in 
North Carolina and in any state jn 



7 72-^ 



7:77 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



which such resource is located, has 
been granted to a person who is au- 
thorized and able to exercise such 
power. 
(b) When there is a guardian, an interim 
guardian, or a person holding a valid, 
durable power of attorney for a budget 
unit member, but such person js unable, 
fails, or refuses to act promptly to 
make the resources actually available to 
meet the needs of the budget unit mem- 
ber, a referral shall be made to the 
county department of social services of 
a determination of whether the guardian 
or attorney in fact js acting jn the best 
interests of the member and if not, 
contact the clerk of court for interven- 



(£) 



ill 

Hi) 



tiii) 



tion. The resources shall be excluded 
[n determining financial eligibility 
pending action by the clerk of court. 
When a Medicaid application is filed on 
behalf of an individual who: 
is alleged to be mentally incompetent, 
has or may have a legal interest in a 
resource that affects the individual's 
eligibility, and 

does not have a representative with 
legal authority to use or dispose of the 
individual's resources, the individual's 
representative or family member shall 
be instructed to file within 30 calen- 



> 



m 



dar days a judicial proceeding to 
declare the individual incompetent and 
appoint a guardian. If the representa- 
tive or family member either fails to 
file such a proceeding within 30 
calendar days or fails to timely con- 
clude the proceeding, a referral shall 
be made to the services unit of the 
county department of social services 
for guardianship services. If the 
allegation of incompetence |s support- 
ed by a physician's certification or 
other competent evidence from sourc- 
es including but not limited to physi- 
cians, nurses, social workers, psy- 
chologists, relatives, friends or others 
with knowledge of the condition of 
the individual, the resources shall be 
excluded except as provided in Sub- 
items (l)(d) or (e) of this Rule. 
The budget unit member's resources 
shall be counted [n determining his 
eligibility for Medicaid beginning the 
first day of the month following the 



month a guardian of the estate, general 
guardian or interim guardian is appoint- 
ed, provided that after the appointment, 
pro perty which cannot be disposed of 
or used except by order of the couil 
shall continue to be excluded until 
completion of the applicable procedures 
for disposition specified in Chapters l 
or 35A of the North Carolina General 
Statutes, 
(e) When the court rules that the budget 
unit member is competent or no ruling 
is made because of the death or recov- 
ery of the member, his resources shall 
be counted except for periods of time 
for which it can be established by com- 
petent evidence from sources including 
but not limited to physicians, nurses, 
social workers, psychologists, relatives, 
friends or others with knowledge of the 
condition of the individual that the 
member was in fact incompetent. Any 
such showing of incompetence js sub- 
ject to rebuttal by competent evidence 
as specified herein and in Sub-item 
(l)(c) of this Rule. 

(2) The limitation of resources held for 
reserve for the budget unit shall be as 
follows: 

(a) For Family and Children's related 
categorically needy cases, one thousand 
dollars ($1,000) per budget unit; 

(b) For aged, blind or disabled cases and 
Family and Children's related medically 
needy cases, one thousand five hundred 
dollars ($1,500) for a budget unit of 
one person, two thousand two hundred 
fifty dollars ($2,250) for a budget unit 
of two persons and increases of one 
hundred dollars ($100.00) for each 
additional person in the budget unit 
over two, not to exceed a total of three 
thousand, fifty dollars ($3,050). 

(3) If the value of countable resources of the 
budget unit exceeds the reserve allowance 
for the unit, the case shall be ineligible: 

(a) For Family and Children's related cases 
and aged, blind or disabled cases pro- 
tected by grandfathered provisions, and 
medically needy cases not protected by 
grandfathered provision, eligibility shall 
begin on the day countable resources 
are reduced to allowable limits or ex- 
cess income is spent down, whichever 
occurs later; 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1725 



PROPOSED RULES 



(b) For categorically needy aged, blind or 

disabled cases not protected by 

grandfathered provisions, eligibility 

shall begin no earlier than the month 

countable resources are reduced to 

allowable limits as of the first moment 

of the first day of the month. 

(4) Resources counted in the determination 

of financial eligibility for categorically 

needy and medically needy aid to the 

aged, blind, or disabled cases protected 

by grandfathered provisions are: 

(a) Cash on hand; 

(b) The current balance of savings 
accounts, except savings of a student 
saving his earnings for educational 
purposes; 

(c) The current balance of checking 
accounts; 

(d) Cash value of life insurance policies 
when the total face value of all policies 
that accrue cash value exceeds one 
thousand five hundred dollars ($1,500); 

(e) Equity in motor vehicles, including 
motor homes, determined to be 
non-essential according to Rule .0403 
of this Subchapter; 

(f) Equity in excess of one thousand 
dollars ($1,000) in motor vehicles, 
including motor homes, determined to 
be essential according to Rule .0403 of 
this Subchapter; 

(g) Stocks, bonds, mutual fund shares, 
certificates of deposit and other liquid 
assets; 

(h) Negotiable and salable promissory notes 
and loans; 

(i) Trust funds; 

(j) The portion of lump sum payments 

remaining after the month of receipt; 

(k) Individual Retirement Accounts or other 
retirement accounts or plans; 

(1) Equity in real property not used as the 

homesite or not producing an income; 

(m) Value of burial spaces other than spaces 
designated for the eligible individual, 
the eligible individual's spouse, and the 
eligible individual's immediate family 
which includes the eligible individual's 
minor and adult children, stepchildren, 
and adopted children, brothers, sisters, 
parents, adoptive parents, and the 
spouses of those persons; 

(n) Salable remainder interest in life-estate 
property not used as the budget unit's 



(a) 

(b) 



(c) 



homesite; 

(0) Patient accounts in long term care 
facilities. 

(5) Resources counted in the determination 
of financial eligibility for aid to 
categorically needy aged, blind or 
disabled cases not protected by 
grandfathered provisions are: 
Cash on hand; 

The balance of savings accounts, except 
savings of a student saving his earnings 
for educational purposes; 
The balance of checking accounts less 
the current monthly income which had 
been deposited to meet the budget unit's 
needs when reserve was verified or 
lump sum income from 
self-employment deposited to pay 
annual expenses; 

(d) Cash value of life insurance policies 
when the total face value of all policies 
that accrue cash value exceeds one 
thousand five hundred dollars ($1,500); 

(e) Trust funds; 

(f) Stocks, bonds, mutual fund shares, 
certificates of deposit and other liquid 
assets; 

(g) Negotiable and salable promissory notes 
and loans; 

(h) Revocable burial contracts and burial 

trusts; 
(i) The portion of lump sum payments 

remaining after the month of receipt; 
(j) Individual Retirement Accounts or other 

retirement accounts or plans; 
(k) Patient accounts in long term care 

facilities; 

(1) Equity in motor vehicles determined to 
be non-essential under Rule .0403 of 
this Subchapter or. if no motor vehicle 
is excluded as essential, any equity in 
excess of four thousand five hundred 
dollars ($4,500) in a motor vehicle; 

(m) Equity in real and/or personal property 
when the combined equities is six 
thousand dollars ($6,000) or less and 
the property does not yield a net annual 
income of at least six percent of the 
equities; 

(n) Equity in real and/or personal property 
when the combined equities exceed six 
thousand dollars ($6,000); 

(o) Equity in personal property, subject to 
(5) (m) and (n) of this Rule, is limited 
to: 



1726 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



(i) Mobile homes not used as homesite, 
(ii) Boats, boat trailers and boat motors, 
(iii) Campers, 

(iv) Farm and business equipment; 
(p) Equity in real property, subject to (5) 
(m) and (n) of this Rule, is limited to: 
(i) Value of burial spaces other than 
spaces designated for the eligible 
individual, the eligible individual's 
spouse, and the eligible individual's 
immediate family which includes the 
eligible individual's minor and adult 
children, stepchildren, and adopted 
children, brothers, sisters, parents, 
adoptive parents, and the spouses of 
those persons; 
(ii) Fee simple interest; 
(iii) Salable remainder interest; 
(iv) Tenancy by the entireties interest 
only. 
(6) Resources counted in the determination 
of financial eligibility for aid to medically 
needy aged, blind or disabled cases not 
protected by grandfathered provisions 
are: 
Cash on hand; 

The balance of savings accounts, except 
savings of a student saving his earnings 
for educational purposes; 
The balance of checking accounts less 
the current monthly income which had 
been deposited to meet the budget unit's 
needs when reserve was verified or 
lump sum income from 
self-employment deposited to pay 
annual expenses; 

Cash value of life insurance policies 
when the total face value of all policies 
that accrue cash value exceeds one 
thousand dollars ($1,000); 
Trust funds; 

Stocks, bonds, mutual fund shares, 
certificates of deposit and other liquid 
assets; 
(g) Negotiable and salable promissory notes 

and loans; 
(h) Revocable burial contracts and burial 

trusts; 
(i) The portion of lump sum payments 

remaining after the month of receipt; 
(j) Individual Retirement Accounts or other 

retirement accounts or plans; 
(k) Patient accounts in long term care 

facilities; 
(1) Equity in motor vehicles determined to 



(a) 
(b) 



(c) 



(d) 



(e) 

(f) 



be non-essential under Rule .0403 of 
this Subchapter or, if no motor vehicle 
is excluded as essential, any equity in 
excess of four thousand five hundred 
dollars ($4,500) in a motor vehicle; 
(m) Equity in real property and personal 
property that does not produce a net 
annual income; 
(n) Equity in personal property, subject to 
(6)(m) of this Rule, is limited to: 
(i) Mobile homes not used as homesite, 
(ii) Boats, boat trailers and boat motors, 
(iii) Campers, 

(iv) Farm and business equipment; 
(o) Equity in real property, subject to 
(6)(m) of this Rule, is limited to interest 
in real estate other than that used as the 
budget unit's homesite and includes: 
(i) Fee simple interest, 
(ii) Tenancy by the entireties interest 

only, 
(iii) Salable remainder interest, 
(iv) Value of burial spaces other than 
spaces designated for the eligible 
individual, the eligible individual's 
spouse, and the eligible individual's 
immediate family which includes the 
eligible individual's minor and adult 
children, stepchildren, and adopted 
children, brothers, sisters, parents, 
adoptive parents, and the spouses of 
those persons. 
(7) Resources counted in the determination 
of financial eligibility for categorically 
needy Family and Children's related 
cases are: 
Cash on hand; 

The balance of savings accounts, 
including savings of a student saving 
his earnings for school expenses: 
The balance of checking accounts less 
the current monthly income which had 
been deposited to meet the budget unit's 
monthly needs when reserve was 
verified; 

(d) The portion of lump sum payments 
remaining after the month of receipt; 

(e) Cash value of life insurance policies 
owned by the budget unit; 

(f) Revocable trust funds; 

(g) Stocks, bonds, mutual fund shares, 
certificates of deposit and other liquid 
assets; 

(h) Negotiable and salable promissory notes 
and loans; 



(a) 

(hi 



(c) 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1727 



PROPOSED RULES 



(0 

0) 

(k) 
(1) 



(i) 

(ii) 
(Hi) 
(iv) 
(v) 



(vi) 



(ml 



(i) 
(ii) 

mi 
(iv 



181 



(a) 
(b) 



(c) 



(d) 



(e) 
(f) 



(g) 

(h) 

(ii 

G) 



Revocable pre-paid burial contracts; 

Patient accounts in long term care 

facilities; 

Individual Retirement Accounts or other 

retirement accounts or plans; 

Equity in non-essential personal 

property limited to: 

Mobile homes not used as home. 

Boats, boat trailers and boat motors. 

Campers. 

Farm and business equipment; 

Equity in excess of one thousand five 

hundred dollars ($1,500) in one motor 

vehicle determined to be essential 

under Rule .0403 of this Subchapter; 

Equity in motor vehicles determined 

to be non-essential under Rule .0403 

of this Subchapter; 
Equity in real property is limited to 
interest in real estate other than that 
used as the budget unit's homesite and 
is limited to: 

Fee simple interest. 

Tenancy by the entireties interest 

only. 

Salable remainder interest. 

Value of burial plots. 
Resources counted in the determination 
of financial eligibility for medically 
needy Family and Children's related 
cases are: 
Cash on hand; 

The balance of savings accounts, 
including savings of a student saving 
his earnings for school expenses; 
The balance of checking accounts less 
the currently monthly income which 
had been deposited to meet the budget 
unit's monthly needs when reserve was 
verified or lump sum income from 
self-employment deposited to pay 
annual expenses; 

Cash value of life insurance policies 
when the total face value of all policies 
that accrue cash value exceeds one 
thousand five hundred dollars ($1,500); 
Trust funds: 

Stocks, bonds, mutual fund shares, 
certificates of deposit and other liquid 
assets; 

Negotiable and salable promissory notes 
and loans; 

Revocable prepaid burial contracts; 
Patient accounts in long term care facilities; 
Individual Retirement Accounts or other 



retirement accounts or plans; 
(k) Equity in non-essential, non-income 
producing personal property limited to: 
(i) Mobile home not used as home, 
(ii) Boats, boat trailers and boat motors, 
(iii) Campers, 

(iv) Farm and business equipment. 
(v) Equity in motor vehicles determined 
to be non-essential under Rule .0403 
of this Subchapter: 
(1) Equity in real property is limited to 

interest in real estate other than that 
used as the budget unit's homesite and 
is limited to: 
(i) Fee simple interest, 
(ii) Tenancy by the entireties interest 

only, 
(iii) Salable remainder interest, 
(iv) Value of burial plots. 



Authority G.S. 108A-54; 108A-55: 108A-58; 42 
U.S.C. 703. 704. 1396: 42 C.F.R. 435.121; 42 
C.F.R. 435.210; 42 C.F.R. 435.711; 42 C.F.R. 
435.712; 42 C.F.R. 435.734; 42 C.F.R. 435.823; 
42 C F. R. 435. 840; 42 C F. R. 435. 841 ; 42 C F. R. 
435.845; 42 C.F.R. 445.850; 42 C.F.R. 435.851; 
45 C.F.R. 233.20; 45 C.F.R. 233.51. 

.0313 INCOME 

(a) Income from the following sources shall be 
counted in the calculation of financial eligibility: 
( 1 ) Unearned. 

(A) RSDI. 

(B) Veteran's Administration, 

(C) Railroad Retirement. 

(D) Pensions or retirement benefits. 

(E) Workmen's Compensation, 

(F) Unemployment Compensation, 

(G) Support Payments. 
(H) Contributions. 

(I) Dividends or interest from stocks. 

bonds, and other investments. 
(J) Trust fund income. 
(K) Private disability or employment 

compensation. 
(L) That portion of educational loans, 

grants, and scholarships for 

maintenance. 
(M) Work release, 
(N) Lump sum payments. 
(O) Military allotments. 
(P) Brown Lung Benefits, 
(0) Black Lung Benefits. 
(R) Trade Adjustment benefits. 



1728 



7:17 



\ORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



(S) SSI when the client is in long term 
care, 

(T) VA Aid and Attendance when the 
client is in long term care, 

(U) Foster Care Board payments in excess 
of state maximum rates for M-AF 
clients who serve as foster parents, 

(V) Income allocated from an 
institutionalized spouse to the client 
who is the community spouse as 
stated in 42 U.S.C. 1396r-5(d), 

(W) Income allowed from an 
institutionalized spouse to the client 
who is a dependent family member as 
stated in 42 U.S.C. 1396r-5(d), 

(X) Sheltered Workshop Income, 

(Y) Loans if repayment of a loan and not 
counted in reserve, 

(Z) Income deemed to Family and 
Children's clients. 

(2) Earned Income. 

(A) Income from wages, salaries, and 
commissions, 

(B) Farm Income, 

(C) Small business income including 
self-employment, 

(D) Rental income, 

(E) Income from roomers and boarders, 

(F) Earned income of a child client who 
is a part-time student and a full-time 
employee. 

(G) Supplemental payments in excess of 
state maximum rates for Foster Care 
Board payments paid by the county to 
Family and Children's clients who 
serve as foster parents, 

(H) Earned income tax credits for the 
Aged, Blind or Disabled only, 

(I) VA Aid and Attendance paid to a 
budget unit member who provides the 
aid and attendance. 

(3) Additional sources of income not listed 
in (1) or (2) of this Rule will be 
considered available unless specifically 
excluded by (b) of this Rule, or by 
regulation or law. 

(b) Income from the following sources shall not 
be counted in the calculation of financial 
eligibility: 

(1) Earned income of a child who is a 
part-time student but is not a full-time 
employee; 

(2) Earned income of a child who is a 
full-time student; 

(3) Incentive payments and training 



allowances made to WIN training 
participants; 

(4) Payments for supportive services or 
reimbursement of out-of-pocket 
expenses made to volunteers serving as 
VISTA volunteers, foster grandparents, 
senior health aides, senior companions. 
Service Corps of Retired Executives, 
Active Corps of Executives, Retired 
Senior Volunteer Programs, Action 
Cooperative Volunteer Program, 
University Year for Action Program, 
and other programs under Titles I, II, 
and III of Public Law 93-113; 

(5) Foster Care Board payments equal to or 
below the state maximum rates for 
Family and Children's clients who 
serve as foster parents; 

(6) Earnings of M-AABD clients who are 
participating in ADAP (Adult 
Developmental Activity Program) 
training programs for a specified 
period; 

Income that is unpredictable, i.e., 
unplanned and arising only from time to 
time. Examples include occasional 
yard work, sporadic babysitting, etc.; 
Relocation payments; 
Value of the coupon allotment under 
the Food Stamp Program; 
Food (vegetables, dairy products, and 
meat) grown by or given to a member 
of the household. If home grown 
produce is sold, count as earned 
income; 

(11) Benefits received from the Nutrition 
Program for the Elderly; 

(12) Food Assistance under the Child 
Nutrition Act and National School 
Lunch Act; 

(13) Assistance provided in cash or in kind 
under any governmental, civic, or 
charitable organization whose purpose 
is to provide social services or 
vocational rehabilitation. This includes 
V.R. incentive payments for training, 
education and allowance for 
dependents, grants for tuition, chore 
services under Title XX of the Social 
Security Act, VA aid and attendance or 
aid to the home bound if the individual 
is in a private living arrangement; 

(14) Loans or grants such as the GI Bill, 
civic, honorary and fraternal club 
scholarships, loans, or scholarships 



(7) 



(8) 

(9) 

(10) 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1729 



PROPOSED RULES 



granted from private donations to the 
college, etc., except for any portion 
used or designated for maintenance; 

(15) Loans, grants, or scholarships to 
undergraduates for educational purposes 
made or insured under any program 
administered by the U.S. Department of 
Education; 

( 16) Benefits received under Title VII of the 
Older Americans Act of 1965; 

(17) Payments received under the 
Experimental Housing Allowance 
Program (EHAP); 

(18) In-kind shelter and utility contributions 
paid directly to the supplier. For 
Family and Children*s cases, shelter, 
utilities, or household furnishings made 
available to the client at no cost; 

(19) Food/clothing contributions in Family 
and Children's cases (except for food 
allowance for persons temporarily 
absent in medical facilities up to 12 
months); 

(20) Income of a child under 21 in the 
budget unit who is participating in 
JTPA and is receiving as a child; 

(21) Housing Improvement Grants approved 
by the N.C. Commission of Indian 
Affairs or funds distributed per capital 
or held in trust for Indian tribe 
members under P. L. 92-254. P.L. 
93-134 or P.L. 94-540; 
Payments to Indian tribe members as 
permitted under P.L. 94-1 14; 
Payments made by Medicare to a home 
renal dialysis patient as medical 
benefits; 

SSI except for individuals in long term 
care; 

HUD Section 8 benefits when paid 
directly to the supplier or jointly to the 
supplier and client; 

Benefits received by a client who is a 
representative payee for another 
individual who is incompetent or 
incapable of handling his affairs. Such 
benefits must be accounted for separate 
from the payee's own income and 
resources; 

(27) Special one time payments such as 
energy, weatherization assistance, or 
disaster assistance that is not designated 
as medical; 

(28) The value of the U.S. Department of 
Agriculture donated foods (surplus 



(22) 
(23) 

(24) 
(25) 

(26) 



(29) 



(30) 



(31) 



o: 



(33) 
(34) 



(35) 



(36) 



commodities); 

Payments under the Alaska Native 
Claims Settlement Act, Public Law 
92-203; 

Any payment received under Title II of 
the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act 
of 1970; 

HUD Community Development Block 
Grant funds received to finance the 
renovation of a privately owned 
residence; 

Reimbursement for transportation 
expenses incurred as a result of 
participation in the Community Work 
Experience Program or for use of 
client's own vehicle to obtain medical 
care or treatment; 
Adoption assistance; 
Incentive payments made to a client 
participating in a vocational 
rehabilitation program; 
Title XX funds received to pay for 
services rendered by another individual 
or agency; 

Any amount received as a refund of 
taxes paid;: 
fA-> — F©f — M AABD — categorically — needy 
client s who meet the criteria in (B) 
below. — rite — amount — of increase — m 
RSD1 re s ult i ng from elimination of 
flte — actuarial — reduction — factor — m 
calculating the amount of RSDI they 



-tfe 



received — in January — 198 4 plu s 
amount — ef — ftH — s ub se quent — RSDI 



cost of living incroas 



This income 



cea s e s — to — be — counted — ap — to — three 
month s prior to the date the individual 
applie s — to — have — rt — net — counted. 



ided he meet s the critcric 



-m 



below. 

(-B} For the RSDI increases s pecified in 

fA-) — abov e — net — to — hi — counted. — the 
client mu s t: 



44 



avc lo s t SSI eligibilitv effective 
January 198 4 due to an RSDI 
increa s e cau s ed by elimination of 
the actuarial reduction factor, 

in) Would currently bo eligible for 

SSI — if — the — increa s e — m — RSDI 
s p e cified in (i) and all s ub s equent 

RSDI co s t of living increa s e s 

were deducted, and 

fiti-) — No later than June 30, 1987. have 
applied to hav e these increases not 



1730 



7:17 



XORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



counted, 

(37) Any Cost of Living Allowance (COLA) 
increase in the RSDI benefit for a 
disabled widow or widower resulting 
from the 1983 Actuarial Reduction 
Formula (ARF) which caused the loss 
of SSI effective January, 1984, for an 
M-AA, M-AB, or M-AD client: 

(A) Who received a disabled widow or 
widower's benefit and SSI 
simultaneously in 1983 as identified 
by the Social Security Administration, 
and 

(B) Who lost SSI because of the 
elimination of the ARF, and 

(C) Who is not now eligible for SSI, and 

(D) Who was between 50 and 59 years of 
age in 1983, and 

(E) Who applied for Medicaid no later 
than June 30, 1988, and 

(F) Who is classified as Categorically 
Needy. 

(38) Any Cost of Living Allowance (COLA) 
increase m the RSDI benefit for a client 
or his financially responsible spouse or 
parent(s), who: 

(A) Is classified as Categorically Needy 
for the M-AA, M-AB, or MAD 
programs, and 

(B) Lost SSI or State/County Special 
Assistance (S/C-SA) for any reason, 
and 

(C) Would currently be eligible for SSI or 
S/C-SA if al] COLA's since he was 
last eligible for and received RSDI 
and SSI or S/C-SA concurrently were 
disregarded. 

(39) The RSDI benefit for a client who: 

(A) Is a disabled widow or widower or 
surviving divorced spouse, and 

(B) Received SSI for the month prior to 
the month he began receiving RSDI. 
and 

(C) Would continue to be eligible for SSI 
if the RSDI benefit were not counted, 
and 

(D) Is not entitled to a Medicare Part A. 

(c) Verification of the receipt and amount of the 
income shall be made through documentary 
evidence provided by the client or from the source 
of the income. 

(d) Income levels for purposes of establishing 
financial eligibility are those amounts approved by 
the N.C. General Assembly and stated in the 
Appropriations Act for categorically needy and 



medically needy classifications, except for the 
following: 

( 1 ) The income level shall be reduced by 
one-third when an aged, blind or 
disabled individual lives in the 
household of another person and does 
not pay his proportionate share of 
household expenses. The one-third 
reduction shall not apply to children 
under nineteen years of age who live in 
the home of their parents; 

(2) An individual living in a long term care 
facility or other medical institution shall 
be allowed a thirty dollar ($30.00) 
income level, and a couple in the same 
room in a long term care facility shall 
be allowed a sixty dollar ($60.00) 
income level; 

(3) Individuals who are in a long term care 
facility for a temporary period of six 
months or less shall be allowed the 
income level provided by statute in 
addition to the thirty dollar ($30.00) 
level. 



Authority G.S. 108A-25(b); 108A-61; 42 C.F.R. 
435. 135; 42 C.F.R. 435. 731; 42 C.F.R. 435. 732; 
42 C.F.R. 435. 733; 42 C.F.R. 435.811; 42 C.F.R. 
435.812; 42 C.F.R. 435.831; 42 C.F.R. 435.832; 
42 C F. R. 435. 1007; 45 C F. R. 233. 20; 42 U. S. C 
1383c(b); 42 U.S. C. 1383c(d); P.L. 99-272; 
Section 12202. 

TITLE 12 - DEPARTMENT OF JUSTICE 

ISotice is hereby given in accordance with G.S. 
150B-2 1.2 that the North Carolina Private Protec- 
tive Services Board intends to adopt rule cited as 
12 NCAC 7D .0205 and amend rule cited as 12 
NCAC 7D .0809. 

1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 11:00 
a.m. on December 16. 1992 at the State Bureau 
of Investigation Conference Room. 3320 Old 
Garner Road, Raleigh. NC 27626. 

Keason for Proposed Actions: 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1731 



PROPOSED RULES 



12 NCAC 7D .0205 - Requires a firm, association , 
or corporation which is engaging in or will be 
engaging in the private protective services profes- 
sion to obtain a corporate business license. 

12 NCAC 7D .0809 - Permits the use of any 
standard automatic pistol of 354 caliber or higher. 



Lsomment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments until 
December 31. 1992. Written comments may be 
delivered to or mailed to: James Kirk. Private 
Protective Services Board. 3320 Old Garner Road, 
P.O. Box 29500. Raleigh. NC 27626. 

CHAPTER 12 - PRIVATE PROTECTIVE 
SERVICES 

SUBCHAPTER 7D - PRIVATE 
PROTECTIVE SERVICES BOARD 

SECTION .0200 - LICENSES:TRAINEE 
PERMITS 

.0205 CORPORATE BUSINESS LICENSE 

(a) Any firm, association, or corporation re- 
quired to be licensed pursuant to G.S. 74C-2(a) 
shall submit an application for a corporate business 
license on a form provided by the Board. This 
application for license shall call for such informa- 
tion as the firm, association, or corporation name; 
the address of its principal office within the State; 
any past conviction for criminal offenses of any 
corporate director, officer, or shareholder who 
owns 10 percent or more of the outstanding shares 
of any class of stock; information concerning the 
past revocation, suspension or denial of a business 
or professional license to any director, officer, or 
shareholder who owns ten percent or more of the 
outstanding shares of any class of stock; a Hst of 
all directors and officers of the firm, association, 
or corporation; a Hst of all persons, firms, associa- 
tions, corporations or other entities owning ten 
percent or more of ffie outstanding shares of any 
class of stock; and the name and address of the 
qualifying agent. 

(b) In addition to the items required in Para- 
graph (a) of this Rule, a foreign corporation shall 
further qualify by filing with its application for a 
license, a copy of its certificate of authority to 
transact business In this state issued by the North 



Carolina Secretary of State in accordance with 
G.S. 55-131 and a consent to service of process 
and pleadings which shall be authenticated by its 
corporate seal and accompanied by a duly certified 
copy of the resolution of the board of directors 
authorizing the proper officer or officers to exe- 
cute said consent. 

(c) After filing a completed written application 
with the Board, the Board shall conduct a back- 
ground investigation to ascertain if ffie qualifying 
agent is in a management position. The Board 
shall also determine if the directors, officers and 
shareholders owning 10 percent or more in shares 
have the requisite good moral character. 

(d) Upon satisfactory completion of the back- 
ground investigation, a corporate business license 
may be issued. This license shall he conspicuously 
displayed at the principle place of business within 
the State of North Carolina. 

(e) The corporate business license shall be 
issued only to fhe corporation and shall not be 
construed to extend to ffie licensing of its officers 
and employees. 

(f) The issuance of fhe corporate business 
license is issued to fhe firm, association, or corpo- 
ration in addition to the license issued to the 
qualifyin g agent. The re tore, the qualifying agent 
for the firm, association, or corporation which has 
been issued the corporate business license shall be 
responsible for assuring compliance with G.S. 
74C. 

Statutory Authority G.S. 74C-2(a); 74C-5. 

SECTION .0800 - ARMED SECURITY 

GUARD FIREARM REGISTRATION 

PERMIT 

.0809 AUTHORIZED FIREARMS 

Armed security officers are authorized, while in 
the performance of official duties or traveling 
directly to and from work, to carry a standard .38 
caliber, .32 caliber or .357 caliber revolver,, or 
any standard semi-automatic pistol of .354 caliber 
and higher, or any standard 12 gauge shotgurh a as 
long as the officer has completed the basic training 
course on his respective duty weapon pursuant to 
12 NCAC 7D .0807. 

Statutory Authority G.S. 74C-5: 74C-13. 



%%%%%%%%%ii:j\ijjzs-zjje$i$!:i-(:j}c 



N< 



otice is hereby given in accordance with G.S. 



1732 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



150B-21.2 that the North Carolina Alarm Systems 
Licensing Board intends to amend rules cited as 12 
NCAC 11 .0106, .0202, .0204, .0206, .0301, 
.0303 and .0306. 



P.O. Box 29500, Raleigh, NC 27626. 

CHAPTER 11 - NORTH CAROLINA 
ALARM SYSTEMS LICENSING BOARD 



1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 11:00 
a.m. on December 16, 1992 at the State Bureau of 
Investigations Conference Room, 3320 Old Garner 
Road, Raleigh, NC 27626-0500. 

Reason for Proposed Actions: 

12 NCAC 11 .0106 - Allow the Board to review 
experience claimed by an applicant when he is not 
in possession of a valid license or registration. 

12 NCAC 11 .0202 - Establishes as a minimum 
requirement that an applicant hold a license from 
the Board of Electrical Contractors. 

12 NCAC 11 .0204 - Requires license renewal 
applications to be filed not less than 30 days 
before the expiration of the license. 

12 NCAC 11 .0206 - Requires a department or 
division of a firm, association, or corporation to 
notify the Board of specific employees of the 
department or division within 5 days of employ- 
ment. 

12 NCAC 11 .0301 - Places the responsibility on 
the licensee to sign and submit a registration 
application. 

12 NCAC 11 .0303 - Allows the Board to consider 
information outside a five year period when con- 
sidering an applicant 's moral character. 

12 NCAC 11 .0306 - Places the burden on the 
licensee to provide the proper application forms to 
registration applicants. 

Comment Procedures: Interested persons may 
present their views either in writing or orally at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments until 
December 31 , 1992. Written comments must be 
delivered to or mailed to: James F. Kirk, Alarm 
Systems Licensing Board, 3320 Old Garner Road, 



SECTION .0100 - ORGANIZATION AND 
GENERAL PROVISIONS 

. 1 06 DETERMINATION OF EXPERIENCE 

(a) Experience requirements shall be determined 
in the following manner: one year's experience = 
1,000 hours; 

fb) The Board s hall may not consider any 
experience claimed by the applicant if gained while 
not in possession of a valid license or registration 
while such license was required by existing or 
previously existing laws of the United States, any 
State, or any political subdivision thereof. 

Statutory Authority G.S. 74D-5. 

SECTION .0200 - PROVISIONS FOR 
LICENSEES 

.0202 EXPERIENCE REQUIREMENTS FOR 
LICENSE 

(a) Applicants for an alarm system license must 
meet the following minimum requirements which 
are additional to those specified in G.S. Chapter 
74D: 

( 1 ) Establish to the Board's satisfaction two 
years' experience within the past five 
years in an alarm systems business as 
defined in G.S. 74D-2(a); alarm sys- 
tems installation and service or; 

(2) Successfully pass an oral or written 
examination deemed by the Board to 
measure an individual's knowledge and 
competence in the alarm systems busi- 
ness; and 

(3) Successfully complete Hold a license 
for either the SP-LV. limited, interme- 
diate or unlimited examination as ad- 
ministered by the North Carolina Board 
of Examiners of Electrical Contractors 
and maintain said license at all times 
while licensed by the Alarm Systems 
Licensing Board. 

(b) Any applicant who takes the examination 
administered by the Board under 12 NCAC 11 
.0202(a)(2) and who does not successfully com- 
plete said examination after two attempts, must 
wait six months before being allowed to take the 
examination again. 

(c) Applicants engaged exclusively in monitoring 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1733 



PROPOSED RULES 



or responding to alarms may be issued a limited 
license which authorizes the performance of 
monitoring and responding functions only. Appli- 
cants for such a limited license shall not be re- 
quired to meet the experience requirements of 12 
NCAC Chapter 11 .0202(a). 

Statutory Authority G.S. 74D-5. 

.0204 RENEWAL OR RE-ISSUE OF 
LICENSES 

(a) Each applicant for a license renewal shall 
complete a renewal form provided by the Board. 
This form should be submitted to the administrator 
not less than 30 days prior to expiration of the 
applicant's current license and shall be accompa- 
nied by: 

( 1 ) two recent head and shoulders color 
photographs of applicant of acceptable 
quality for identification one inch by 
one inch in size: 

(2) statements of the result of a local crimi- 
nal history records search by the 
City County Identification Bureau or 
Clerk of Superior Court in each county 
where the applicant has resided within 
the immediate preceding 12 months; 

(3) the applicant's renewal fee: and 

(4) proof of liability insurance pursuant to 
G.S. Sec. 74D-9. 

(b) Applications for renewal shall be submitted 
not less than 30 days before the expiration date of 
the license. In no event will renewal be granted 
more than 90 days after the date of expiration of a 
license. Renewals shall be dated on the next day 
following expiration of the prior license. 

(ci Applications for renewal submitted after the 
expiration date of the license shall be accompanied 
by the late renewal fee established by 12 NCAC 
Chapter 1 1 .0203 and must be submitted not later 
than 90 days after the expiration date of the li- 
cense. 

id) The administrator shall approve or deny all 
applications for renewal. Any denials will be 
submitted to the Board for a final board decision. 

Statutory Authority G.S. 74D-7. 

.0206 RECORDS INSPECTION 

(a) records of a licensee maintained to satisfy the 
requirements of G.S. Chapter 74D or 12 NCAC 
Chapter 1 1 shall be subject to inspection by the 
administrator or his staff upon demand between 
8:00 a.m. and 5:00 p.m. Monday through Friday. 

(b) All licensees having registered employees 



shall submit a copy of their current quarterly 
Employment Security Commission NCUI 101-625 
to the administrator's office at the same time the 
form is submitted to the Employment Security 
Commission; and an additional list of 
non-Employment Security Commission employees 
currently employed by the licensee with the dates 
of employment. Those licensees who do not 
submit an Employment Security Commission 
NCUI 101-625 shall submit the names of their 
employees on a form provided by the Board. The 
licensee of a firm, association, or corporation that 
license a department or division shall also submit 
additional documentation as required by Paragraph 
(c) of this Rule. 

(cj If a department or division of a firm, 
association, or corporation js licensed, then the 
licensee must submit a list of all employees who 
work with the department or division to the Board 
prior to the issuance of the license. This list must 
specifically indicate the employees that work with 
the department or division and are listed on the 
report required in Paragraph (b) of this Rule. If 
the department or division hires a new employee, 
the licensee must report the hiring within 5 days of 
employment. 

(d) fe-> All records required to be kept by either 
Chapter 74D of the General Statutes of North 
Carolina or by 12 NCAC 1 1 shall be retained for 
at least three years. 

Statutory Authority G.S. 74D-5. 

SECTION .0300 - PROVISIONS FOR 
REGISTRANTS 

.0301 APPLICATION FORREGISTRVTION 

lai Each employer or hi s de s ignee licensee or 
his appointed agent shall submit and sign an 
application form for the registration of his employ- 
ee on a form provided by the Board. This form, 
when sent to the board, shall be accompanied by 
a set of classifiable fingerprints on a standard 
F.B.I, applicant card, two recent photographs of 
acceptable quality for identification one inch by 
one inch in size, statements of the results of a local 
criminal history records search by the city-county 
identification bureau or clerk of superior court in 
each county where the applicant has resided within 
the immediate preceding 48 months and the regis- 
tration fee required by 12 NCAC Chapter 11 
.0302. 

lb) The employer of an applicant who is current- 
ly registered with another alarm business, shall 
complete an application form provided by the 



1734 



7:17 



XORTH CAROLIXA REGISTER 



December 1, 1992 



PROPOSED RULES 



Board. This form shall be accompanied by the 
applicant's multiple registration fee. 

(c) The employer of each applicant for registra- 
tion shall retain a copy of the applicant's applica- 
tion in the individual applicant's personnel file in 
the employer's office. 

Statutory Authority G. S. 74D-5; 74D-8. 

.0303 MINIMUM STANDARDS FOR 
REGISTRATION 

An applicant for registration must: 

(1) be at least 18 years of age; 

(2) be a citizen of the United States or a 
resident alien; and 

(3) be of good moral character and temperate 
habits. Any of the following within the 
la s t five year s shall be prima facie evi- 
dence that the applicant does not have 
good moral character or temperate habits: 
conviction by any local, state, federal, or 
military court of any crime involving the 
illegal use, carrying, or possession of a 
firearm; conviction of any crime involv- 
ing the illegal use, possession, sale, 
manufacture, distribution, or transporta- 
tion of a controlled substance, drug, 
narcotic, or alcoholic beverage, convic- 
tion of a crime involving felonious as- 
sault or an act of violence; conviction of 
a crime involving unlawful breaking 
and/or entering, burglary, larceny, any 
offense involving moral turpitude; or a 
history of addiction to alcohol or a nar- 
cotic drug; provided that, for purposes of 
(3) of this Rule, "conviction" means and 
includes the entry of a plea of guilty, 
plea of no contest, or a verdict of guilty; 

(4) not have been declared by any court of 
competent jurisdiction incompetent by 
reason of mental disease or defect; or not 
have voluntarily committed himself or 
herself to an institution for treatment of 
mental disease or defect; or not have 
been involuntarily committed to an insti- 
tution for treatment of mental disease or 
defect by a district court judge. When an 
individual has been treated and found to 
have been restored by a psychiatrist, the 
Board will consider this evidence and 
determine whether the applicant meets 
the requirements of this Paragraph. 



.0306 RENEWAL OR REREGISTRATION 
OF REGISTRATION 

(a) Each applicant for renewal of a registration 
identification card or his employer, shall complete 
a form provided by the Board. This form should 
be submitted not less than 30 days prior to expira- 
tion of the applicant's current card and shall be 
accompanied by: 

( 1 ) two recent head and shoulders color 
photographs of applicant of acceptable 
quality for identification one inch by 
one inch in size; and 

(2) statements of the result of a local crimi- 
nal history records search by the 
City/County Bureau or Clerk of Superi- 
or Court in each county where the 
applicant has resided within the imme- 
diate preceding 4-2 24 months; and 

(3) the applicant's renewal fee. 

(b) Each applicant for reregistration of a regi s 
tration identification card, or hi s employer shall 
complete a form provided by the Board. Each 
licensee shall provide each applicant for registra- 
tion or re-registration an application form provided 
by the Board. This form shall be submitted to the 
Board and accompanied by: 

( 1 ) two recent head and shoulders photo- 
graphs of applicant of acceptable quali- 
ty for identification one inch by one 
inch in size; and 

(2) the applicant's reregistration fee. 

(c) The employer of each applicant for a regis- 
tration renewal or reregistration shall give the 
applicant a copy of the application which will 
serve as a record of application for renewal and 
shall retain a copy of the applicant's renewal 
application in the individual's personnel file in the 
employer's office. 

Statutory Authority G.S. 74D-7; 74D-8. 



Statutory Authority G.S. 74D-5; 74D-8. 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1735 



PROPOSED RULES 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT. HEALTH. AND 

NATURAL RESOURCES 

IVotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildife Resources 
Commission intends to amend rules cited as 15A NCAC 10B .0203, .0209; IOC .0205, .0208. .0305; WD 
.0002 - .0003; and adopt rule cited as 15 A NCAC 1 OB .0219. 

1 he proposed effective date of this action is July 1 . 1993. 

1 he public hearings will be conducted at 7:00 p.m. on the following dates and locations: 

January 25, 1993 

District 9 

Courthouse 

Columbus. NC 

January 26, 1993 

District 8 

Morganton Civic Center Auditorium 

Morganton , NC 

January 27, 1993 

District 7 

High School 

Elian, NC 

February 4, 1993 

District 6 

North Stanley High School 

Albemarle, NC 

February 2, 1993 

District 5 

Courthouse 

Graham. NC 

February 3. 1993 

District 4 

Courthouse 

Elizabethtown , NC 

February- 8, 1993 

District 1 

Swain Auditorium 

Eden ton. NC 

February 9, 1993 

District 2 

Courthouse 

New Bern, NC 



1736 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



February 10, 1993 

District 3 

Courthouse 

Nashville, NC 



ixeasons for Proposed Actions: 

15 A NCAC 10B .0203 - Changes the seasons and hag limits for white-tailed deer in particular counties. 

15A NCAC JOB .0209 - To open or close the turkey season in certain counties. 

75/1 NCAC JOB .0219 - To open a hunting season without restriction for coyote. 

15A NCA C IOC . 0205 - To include or exclude particular waters in the designations of hatchery supported trout 
water, wild trout water, catch and release water, and delayed harvest waters. 

15 A NCAC IOC .0208 - Changes the spawning area in which fishing is prohibited. 

15A NCAC IOC .0305 - To change the seasons and /or creel limit of particular species offish in particular 
bodies of water around the State. 

15A NCAC 10D .0002 - Regulates the use of and activities on game lands. 

15A NCAC 10D .0003 - Adds particular tracts of land to the game lands program, regulates activity on game 
lands, including hunting seasons. 

Comment Procedures: Interested persons may present their views either orally or in writing at the hearing. 
In addition, the record of hearing will be open for receipt of written comments from December 1, 1992 to 
February 10. 1993. Such written comments must be delivered or mailed to the N. C. Wildlife Resources 
Convnission, 512 N. Salisbury Street, Raleigh, NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND TRAPPING 

SECTION .0200 - HUNTING 

.0203 DEER (WHITE-TAILED) 

(a) Closed Season. AH counties and parts of counties not listed under the open seasons in Paragraph (b) 
in this Rule are closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, as 
distinguished from knobs or buttons covered by skin or velvet, may be taken during the following 
seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of counties: 



Beaufort 


Duplin 




Lenoir 


Pitt 


Bertie 


Edgecom 


be 


Martin 


Richmond** 


Bladen 


Franklin 




Nash 


Robeson 


Brunswick 


Gates 




New Hanover 


Sampson 


Camden 


Greene 




Northampton 


Scotland 


Carteret 


Halifax 




Onslow 


Tyrrell 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1737 



PROPOSED RULES 



Chowan 

Columbus' 

Craven 

Currituck 

Dare 



Hertford 
Hoke 
Hyde 
Jones 



Pamlico 
Pasquotank 
Pender 
Perquimans 



Vance 

Warren 

Washington 

Wayne 

Wilson 



Cumberland: That part south of NC 24 or east of 1-95. 

Harnett: That part west of NC 87. 

Johnston: All of the county except that part south of US 70 and west of 1-95. 

Moore**: All of the county except that part north of NC 21 1 and west of US 1. 

Wake: That part north of 1-40. 

^Unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline. 
**See 15A NCAC 10D .0003(e)(2) for seasons on Sandhills Game Land. 
(B) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties 
and parts of counties: 



Alexander 
Alleghany 
Ashe 
Catawba 



Davie 
Forsyth 
Gaston 
Iredell 



Lincoln 
Stokes 
Surry 
Watauga 



Wilkes 
Yadkin 



(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties 
and parts of counties: 



Avery 

Buncombe 

Burke 

Caldwell 

Cherokee 



Clay 

Cleveland 

Graham 

Haywood 

Henderson 



Jackson 
Macon 
Madison 
McDowel 

Mitchell 



Polk 

Rutherford 

Swain 

Transylvania 

Yancey 



I 



(D) Monday before Thanksgiving week to January 1 in the following counties and parts of counties: 



Alamance 

Anson 

Cabarrus 

Caswell 

Chatham 



Davidson 

Durham 

Granville 

Guilford 

Lee 



Mecklenburg 

Montgomery 

Orange 

Person 

Randolph 



Rockingham 
Rowan 

Stanly 
Union 



Cumberland: That part north of NC 24 and west of 1-95. 
Harnett: That part east of NC 87. 
Johnston: That part south of US 70 and west of 1-95. 
Moore: That part north of NC 21 1 and west of US 1 . 
Wake: That part south of 1-40. 
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties 
and portions of counties listed in this Subparagraph: 

(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service during 
the period from the first Saturday in October to January 1 in those parts of Hyde. Tyrrell and 
Washington Counties known as the Pocosin Lakes National Wildlife Refuge, in those parts of 
Camden. Gates and Pasquotank Counties known as the Dismal Swamp National Wildlife Refuge, 
and in that part of Currituck County known as the Mackay Island National Wildlife Refuge and 
those parts of Anson and Richmond Counties known as Pee Dee National Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands during 
the period from Monday on or nearest October 15 to Januarv 1 in that part of Brunswick County 
known as the Sunny Point Military Ocean Terminal, in that part of Craven County known and 



i 



1738 



7:17 



XORTH CAROLIXA REGISTER 



December 1, 1992 



PROPOSED RULES 



marked as Cherry Point Marine Base, in that part of Onslow County known and marked as the 
Camp Lejeune Marine Base, on Fort Bragg Military Reservation, and on Camp Mackall Military 
Reservation. 

(C) Second Saturday in October for youth either sex deer hunting by permit only on a designated 
portion of Belews Creek Steam Station in Stokes County. 

(D) The second Saturday in December in all of Buncombe, Catawba, Gaston, Haywood, Henderson, 
Lincoln, Madison, Mitchell. Polk, Transylvania, and Yancey Counties and the following parts 
of counties: 

Avery: That part south of the Blue Ridge Parkway. 

(E) Friday and Saturday of the week following Thanksgiving in all of Dare County and in the 
following parts of counties: 

Cabarrus: That part west of US 52 and south of a line formed by NC 49 from the Mecklenburg 
County line to Mount Pleasant and east of SR 1006 from Mount Pleasant to the Rowan County 
line. 

Davidson: That part north of 1-85, except game lands. 

Mecklenburg: That part north of US 74. 

Rowan: That part west of US 52, except game lands. 

Scotland: That part north of US 74, except game lands. 

Union: That part south of US 74 and NC 75. 

(F) Wednesday to Saturday of the week following Thanksgiving in all of Camden, Cumberland, 
Greene, Pasquotank, Tyrrell, Wake, and Wilson Counties and in the following parts of counties: 

Currituck: That part north and west of the Intracoastal Waterway. 

Johnston: That part north of US 70 or west of 1-95. 

Moore: All of the county, except on game lands. 

Nnsh: — That part s outh of US 6 4 . 

Perquimans: That part south of US 17 and east of Perquimans River. 

Richmond: That part east of a line formed by US 220 from the Montgomery County line to 

Rockingham and US 1 from Rockingham to the South Carolina line, except on game lands. 
Stanly: That part west of US 52. 
Tyrrell: — That part s outh of US 6 4 . 

Washington: That part east of NC 32 and south of US 64. 
Wayne: That part north of US 70. 

(G) Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all of 
Alamance, Caswell, Chatham, Franklin, Guilford, Lee, Orange, Person, Randolph, Rockingham, 
ftftd Vance^ and Wake Counties and in the following parts of counties: 

Anson: — All of the county except game lands. 

Cabarrus: That part east of US 52. 

Carteret: All of the county except game lands. 

Chowan: That part north of US 17 and west of NC 32 . 

Columbus: That part west of US 74, SR 1005. and SR 1 125. 

Currituck: That part south and east of the Intracoastal Waterway, except the Outer Banks. 

Davidson: That part south of 1-85, except on game lands. 

Durham: All of the county except Butner-Falls of Neuse Game Land. 

Edgecombe: — That pnrt s outh of US 6 4 . 

Granville: All of the county except Butner-Falls of Neuse Game Land. 

Johnston: That part south of US 70 and east of 1-95. 

Lenoir: That part west of NC 1 1 . 

Montgomery: All of the county except on game lands. 

Nash: That part north south of US 64. 

Richmond: That part west of a line formed by US 220 from the Montgomery County line to 

Rockingham and LIS 1 from Rockingham to the South Carolina line. 
Robeson: That part east of 1-95. 

Rowan: That part east of US 52. except on game lands. 
Stanly: That part east of US 52, except game lands. 
Washington: That part west of NC 32 and south of US 64. 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1739 



PROPOSED RULES 



Wayne: That part south of US 70. 

(H) Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part of 

Buncombe County east of NC 191. south of the French Broad and Swannanoa Rivers, west of 

US 25. and north of SR 3503. NC 280 and SR 3501 . 
(I) Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, Edgecombe. 

Hertford, Gates, Northampton. Pitt, and Warren Counties, and in the following parts of counties: 
Anson: All of the county except game lands. 
Beaufort: All of the county except game lands. 
Bertie: All of the county except Roanoke River Wetlands and Roanoke River National Wildlife 

Refuge. 
Bladen: All of the county except game lands. 
Chowan: That part south of US 17 or east of NC 32 . 

Columbus: That part east of a line formed by US 74. SR 1005. and SR 1 125. 
Craven: All of the count)' except game lands. 
Duplin: All of the county except game lands. 
Edgecombe: — That part north of US 6 4 . 
Halifax: All of the county except Roanoke River Wetlands. 
Hyde: All of the county except game lands. 
Jones: All of the county except game lands. 
Lenoir: That part east of NC 1 1 . 

Martin: All of the county except Roanoke River Wetlands. 
Nash: That part north of US 64. 
New Hanover: That part north of US 74. 
Onslow: All of the county except game lands. 
Pamlico: All of the county except game lands. 
Pender: All of the county except game lands. 
Perquimans: All of the county except that part that lies both south of US 17 and east of the 

Perquimans River. 
Sampson: That part south of NC 24. 
(J) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of 

Alexander. Davie. Iredell, Rutherford, Stokes, Surry, and Wilkes Counties. 
(K) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of Alleghany. 

Ashe, Burke, Caldwell. Cleveland. Forsyth, McDowell. Rutherford, Watauga, and Yadkin 

Counties. 
(L) In those counties or parts of counties listed in Paragraph (b) (2) (I), except on game lands, one 

antlerless deer may be taken during that part of the regular gun season in which no other either 

sex season is open and must be tagged with the antlerless only deer tag. 
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken by 
permittees engaged in managed hunts conducted on game lands in accordance with 15A NCAC 10D 
.0003(e)(4) and (5). 
(c) Open Seasons (Bow and Arrow) 
( 1 ) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag 
limits set out in Paragraph (e) of this Rule, deer of either sex may be taken with bow and arrow 
during the following seasons: 

(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and parts 
of counties having the open season for male deer specified by Part (A) of Subparagraph (b)(1) 
of this Rule, except on the Sandhills Game Land. 

(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the counties 
and parts of counties having the open seasons for male deer specified by Part (B) of Subparagraph 
(b)(1) of this Rule. 

(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or nearest 
October 15 to the Saturday before Thanksgiving in the counties and parts of counties having the 
open seasons for male deer specified by Part (C) of Subparagraph (b)(1) of this Rule. 

(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the counties 
and parts of counties having the open season for male deer specified by Part (D) of Subparagraph 



1740 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



(b)(1) of this Rule, and on Sandhills Game Land. 
(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow 
deer hunting season. 

(C) Only bows and arrows of the types authorized in 15A NCAC 10B .01 16 for taking deer may be 
used during the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 

( 1 ) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may 
be taken only with muzzle-loading firearms during the following seasons: 

(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of counties 
having the open seasons for male deer specified by Items (A) and (C) of Subparagraph (b)(1) of 
this Rule, except on Sandhills Game Land. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of 
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) of 
this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts of 
counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) of 
this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Deer of either sex may be taken during muzzle-loading firearms season in those counties or parts 
of counties listed in Parts (A) and (D) of Subparagraph (b) (1) of this Rule and deer of either sex 
may be taken on the last day of muzzle-loading firearms season in those counties or parts of 
counties listed in Part (B) and (C) of Subparagraph (b) (1) of this Rule. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons. 

(e) Bag Limits: Daily, two; possession, five; one of which must be antlerless; season, five; one of which 
must be antlerless. Antlerless deer include males with knobs or buttons covered by skin or velvet as 
distinguished from spikes protruding through the skin. 

(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A NCAC 
10B .0113. 

Statutory Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-291.2. 

.0209 WILD TURKEY (BEARDED TURKEYS ONLY) 

(a) Open Season: 

Second Saturday in April to Saturday of the fourth week thereafter on bearded turkeys in the 
following counties: Alleghany, Ashe, Caswell, Cherokee, Clay. Durham, Graham, Granville, 
Haywood, Henderson. Hyde, Jackson, Macon, Orange. Person, Polk, Rockingham, **Scotland, 
Swain, Transylvania, Watauga, and in the following portions of counties: 
Alamance: All of the county except that part south of 1-85 and west of NC 87. 
Anson: That part east of US 52 and north of US 74 and that part east of NC 145 and south of US 
74. 
**Bertie: That part west of a line formed by NC 45 from the Hertford County line to Colerain, NC 
42 to Powellsville, US 13 to US 17 South, US 17 South to SR 1500, SR 1500 to NC 308, and 
NC 308 to the Washington County line. 
^Bladen: That part south of NC- US 701 and east of a line formed by NC 210, NC 53, NC 87 or SR 
1730. 
Brunswick: That part north of US 74-76 or east of NC 133 . 
Buncombe: All of the county except that part north and east of a boundary formed by US 19/23, 

1-240, and 1-40. 
Burke: That part north of 1-40 and west of NC 18 and NC 181 . 
Carteret: That part west of US 70 and north of NC 24. 
Chatham: That part north of US 64. 
Chowan: — That part s outh of US 17. 



7:77 NORTH CAROLINA REGISTER December 1, 1992 1741 



PROPOSED RULES 



Columbus: That part south of US 74 and west of NC 410 and that part north of NC 87. 
Craven: That part west of US 70, and south of SR 1101 and that part north of the Neuse River, 
south of a line formed by US 17 and US 17 Business, and east of a line formed by SR 1440 
and SR 1441. 
**HaIifax: That part north of NC 903 and east of 1-95. 
Hertford: That p art east of US 13. 
Hoke: That part south and west of NC 211. 
Jack s on: That part s outh of US 7 4 except the portion bounded on the north by NC 281. on the we s t 

by NC 107. and on the a outh by US 6 4 . 
Johnston: That part south of US 70 and 1-95 and east of US 701. 

Madison: All of the county except that part east of SR 1434 and NC 212, north of SR 1318, US 
23 and SR 1503. 
**Martin: That part north of a boundary formed by US 64 from the Washington County line to 
Williamston, north of NC 125 from Williamston to the junction with NC 142, and north of NC 
142 to the Edgecombe County line. 
McDowell: That part north of US 70 and that part south of 1-40. 

Mitchell: That part north and west of a boundary formed by NC 197. NC 226, and NC 261. 
Montgomery: All of the county except that part north of NC 24/27 and east of NC 134. 
**Moore: That part south of NC 211. 

Northampton: That part south of a boundary formed by US 158 from the Halifax County line to 
Jackson, NC 305 from Jackson to Rich Square. US 258 from Rich Square to NC 308, and 
NC 308 to the Bertie County line. 
Onslow: All of the county except that part east of a line formed by US 17, SR 1434 and SR 1442. 
Pender: That part west of L'S 42 1 . 
Perquiman s : — That part south of US 17. 
**Richmond: That All of the county except that part north south of US 74 and east of US j_. 
Robeson: That part east of 1-95 and south of US 74. 
Rutherford: That part west of US 221 . 
Surry: That part west of 1-77. 
Watauga: — That part north and ea s t of US 321. 
Wilkes: That part north of NC 268. 

Yancey: That part north of US 49E J_9W and ea s t and north of US 1 9W SR 1417 . 
** The Sandhills Game Land in Richmond. Scotland, and Moore Counties^ the Bladen Lakes State Forest 
Game Lands m Bladen County, and the Roanoke River Wetlands in Bertie, Halifax, and Martin Counties 
are closed to turkey hunting except by holders of special permits authorizing turkey hunting. Such permits 
are issued by authorized representatives of the Wildlife Resources Commission. 

(b) Bag Limits: Daily, one; possession, two; season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs for hunting turkeys. 

(d) Kill Reports. The carcass of each wild turkey shall be tagged and the kill reported as provided by 15A 
NCAC 10B .0113. 

Statutory Authority G.S. 113-134: 113-270.3; 113-276.1: 113-291.2. 



.0219 COYOTE 

(a) No closed season. 



(b) Bag Limits: No restriction. 
Statutory Authority G.S. 113-134; 113-291.2. 

SUBCHAPTER IOC - INLAND FISHING REGULATIONS 
SECTION .0200 - GENERAL REGULATIONS 

.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. On game lands located in western North Carolina certain 

1742 7:17 XORTH CAROLIXA REGISTER December 1, 1992 



PROPOSED RULES 



waters are designated as public mountain trout waters and classified as wild trout waters or hatchery supported 
waters. For specific classifications see Subparagraphs (1) and (2) of Paragraph (a) of this Rule. Other 
streams, portions of streams, and bodies of water which are not located on game lands are designated within 
this Rule as public mountain trout waters and are classified as hatchery supported trout waters or wild trout 
waters. These waters are posted and lists thereof are filed with the clerks of superior court of the counties 
in which they are located: 

(1) Hatchery Supported Trout Waters. The hatchery supported public mountain trout waters are 
designated in this Subparagraph under the counties where located. Where specific watercourses 
are listed indentation indicates the watercourse named is tributary to the next preceding watercourse 
named and not so indented. The designation applies to the entire watercourse or impoundment 
named, including tributaries when on game lands, except as otherwise indicated in parentheses 
following the name. Other clarifying information may also be included parenthetically: 

(A) Alleghany County: 
New River (not trout water) 

Little River (Whitehead to McCann Dam) 

Crab Creek 

Brush Creek (except where posted against trespass) 

Little Pine Creek 

Big Pine Creek 

Little Glade Creek 

Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

Waterfalls Creek (South Fork Little River)(except where posted against trespass) 

South Fork New River (not trout water) 

Prather Creek 

Cranberry Creek 

Piney Fork 

Meadow Fork 
Yadkin River (not trout water) 

Roaring River (not trout water) 

East Prong Roaring River (that portion on Stone Mountain State Park) Delayed Harvest 

Waters regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

Stone Mountain Creek 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to Sharp Dam) 

Helton Creek (Virginia State line to New River) 

Big Horse Creek (SR 1361 bridge to Tuckerdale) 

Buffalo Creek (headwaters to junction of NC 194-88 and SR 1131) 

Big Laurel Creek 

Three Top Creek (portion not on game lands) 

Hoskins Fork (Watauga County line to North Fork New River) 
South Fork New River (not trout waters) 

Cranberry Creek (Alleghany County line to South Fork New River) 

Nathans Creek 

Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters) 

Trout Lake 

Roan Creek 

North Beaver Creek 

South Beaver Creek (headwaters to Ashe Lake) 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Call Creek (West Prong Old Fields Creek) 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1743 



PROPOSED RULES 



Mill Creek (except where posted against trespass) 

(C) Avery County: 
Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell County line, except where posted against trespass) 
Plumtree Creek 
Roaring Creek 
Squirrel Creek 
Elk River (SR 1306 crossing to Tennessee State line) 

Elk River (Lees-McRae College boundary line to NC 194 bridge at Heaton. except where posted 
against trespass) 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) 

of this Rule] 

Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (4) of 
Paragraph (a) of this Rule] 
Gragg Prong 
Webb Prong 
Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 

Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Boyde Coffey Lake 
Archie Coffey Lake 
Linville River (Sloop Dam to Blue Ridge Parkway boundary line) 

Milltimber Creek 
Linville River [Land Harbor line (below dam) to Ben Aldridge line, except Bob Miller 
property] 

(D) Buncombe County: 
French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge) 

Dillingham Creek (Corner Rock Creek to Big Ivy Creek) 

Stony Creek 

Mineral Creek 

Corner Rock Creek 
Reems Creek (Woodfin Watershed dam to US 19-23 bridge, except where posted against 
trespass) 

Swannanoa River (SR 2702 bridge near Ridgecrest to Sayles Bleacher/ in Asheville. except 
where posted against trespass) 
Bent Creek 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 
Catawba River (not trout water) 

South Fork Catawba Riser (not trout water) 

Henry Fork (lower Morganton watershed line downstream to SR 1919 at Ivy Creek) 

Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) Delayed 
Harvest Regulations apply. See Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 

Parks Creek (not trout water) 

Carroll Creek (game lands above SR 1405) 
Linville River ( game lands portion below the Blue Ridge Parkway and from first bridge on SR 1223 
below Lake James powerhouse to Muddv Creek i 

(F) Caldwell County: 
Catawba River (not trout water) 



1744 7:17 NORTH CAROLINA REGISTER December 1, 1992 



( 



PROPOSED RULES 



Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns Mountain Beach dam, except where posted against 
trespass) 

Estes Mill Creek (not trout water) 
Thorpe Creek (falls to NC 90 bridge) 
Mulberry Creek (not trout water) 

Boone Fork (not Hatchery Supported trout water) 
Boone Fork Pond 
(G) Cherokee County: 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, except where posted against trespass) 
North Shoal Creek (Crane Creek) (headwaters to SR 1325) 
Persimmon Creek 
Davis Creek 

Bald Creek 
Beaver Dam Creek (headwaters to SR 1326 bridge) 
Valley River 

Hyatt Creek 
Webb Creek 

Junaluska Creek (bridge at U.S. Forest Service road 440, Section No. 4, to Valley River) 
(H) Clay County: 
Hiwassee River (not trout water) 

Fires Creek (bear sanctuary line to SR 1300) 
Tusquitee Creek (headwaters to lower SR 1300 bridge) 

Tuni Creek 
Chatuge Lake (not trout water) 

Shooting Creek (headwaters to US 64 bridge at SR 1338) 
Hothouse Branch 
Vineyard Creek 
(I) Graham County: 
Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 
West Buffalo Creek 
Santeelah Reservoir (not trout water) 
Santeelah Creek (Johns Branch to mouth) 

Huffman Creek (Little Buffalo Creek) 
Squalla Creek 

South Fork Squalla Creek 
Big Snowbird Creek (old railroad junction to mouth) 
Mountain Creek (game lands boundary to SR 1 138 bridge) 
Long Creek (portion not on game lands) 
Tulula Creek (headwaters to lower bridge on SR 1211) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Stecoah Creek 
Sawyer Creek 
Panther Creek 
(J) Haywood County: 
Pigeon River (not trout water) 
Hurricane Creek 
Cold Springs Creek 
Jonathans Creek - lower (concrete bridge in Dellwood to Pigeon River) 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1745 



PROPOSED RULES 



Jonathans Creek - upper [SR 1307 bridge (west) to SR 1302 bridge] 
Hemphill Creek 

West Fork Pigeon River (headwaters to Champion International property line) 
(K) Henderson County: 
Broad River (not trout water) 

Rocky Broad River (one-half mile north of Bat Cave to Rutherford County line) 
Green River - upper (mouth of Bob Creek to mouth of Rock Creek) 
Green River - lower (Lake Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk County line) 
Big Hungry River 

1 ittle Hungr\ River 
North Fork Mills River 
(L) Jackson County: 
Tuckasegee River (confluence with West Fork Tuckasegee River to bridge at Wilmot) 
Scott Creek (entire stream, except where posted against trespass) 

Buff Creek (SR 1457 bridge below Bill Johnson's place to Scott Creek) 
North Fork Scott Creek 
Savannah Creek (Headwaters to Bradley's Packing House on NC 116) 

Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek) 
Cullowhee Creek (Tilley Creek to Tuckasegee River, except portion posted for Western Carolina 
University outdoor classroom) 
Bear Creek Lake 

Wolf Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this Rule] 
Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this 
Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake) 
Shoal Creek (Glenville Reservoir pipeline to mouth) 
(M) Macon County: 
Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain County line) Delayed Harvest Regulations apply to the 
portion from Whiteoak Creek to the Nantahala Power and Light powerhouse discharge canal. See 
Subparagraph (a)(5) of this Rule. 
Queens Creek Lake 

Roaring Fork Creek (game land boundary to mouth) 
Burningtown Creek 

Cullasaja River (Sequoah Dam to US 64 bridge near junction of SR 1672) 
Ellijay Creek (except where posted against trespass) 
Skitty Creek (not trout water) 
Cliffside Lake 
Cartoogechaye Creek (US 64 bridge to Little Tennessee River) 

Tessentee Creek (Nichols Branch to Little Tennessee River, except where posted against 
trespassing) 
Savannah Riser (not trout water) 

Big Creek (base of falls to Georgia State line) 
(N) Madison County: 
French Broad River (not trout water) 
Shut-In Creek 

Spring Creek (junction of NC 209 and NC 63 to lower US Forest Service boundary line) 
Meadow Fork Creek 
Roaring Fork 
Little Creek 
Max Patch Pond 



1746 7:17 XORTH CAROLINA REGISTER December 1, 1992 



( 



( 



< 



PROPOSED RULES 



Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed boundary to Rice's Mill Dam) 
Shelton Laurel Creek (headwaters to NC 208 bridge) 

Big Creek (headwaters to lower game land boundary) 
Mill Creek 
Spillcorn Creek 

Puncheon Fork (Hampton Creek to Big Laurel Creek) 
(O) McDowell County: 
Catawba River (not trout water) 
Buck Creek (not trout water) 

Little Buck Creek (game land portion) 
Curtis Creek (fish barrier to US 70 bridge) 

Newberry Creek (game land portion) 
North Fork Catawba River (headwaters to North Cove School, SR 1569) 

Armstrong Creek (Cato Holler line downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to Old Fort Dam, except where posted against trespass) 
(P) Mitchell County: 
Nolichucky River (not trout water) 

Big Rock Creek (headwaters to fishing club property above A.D. Harrel farm) 

Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against 
trespass) 
Cane Creek (SR 1219 to Nolichucky River) 
Grassy Creek (East Fork Grassy Creek to mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 1121, Altapass Road) 
(Q) Polk County: 
Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 108 bridge) 

Fork Creek (Fork Creek Church on SR 1 128 to North Pacolet River) 
Big Fall Creek (portion above and below water supply reservoir) 
Green River (Henderson County line to mouth of Brights Creek) 
Little Cove Creek 
Cove Creek 

Camp Creek [Henderson County line (top of falls) to Green River] 
Fulloms Creek (SR 1 154 to Green River) 
(R) Rutherford County: 
Broad River (not trout water) 

Rocky Broad River (Henderson County line to head of rapids at Goose Pond Hole, except where 
posted against trespass) 
(S) Stokes County: 
Dan River (lower Flippin property line below SR 1416 to 200 yards downstream from end of SR 
1421) 

(T) Surry County: 
Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to SR 1759) Delayed Harvest regulations apply. See 
Subparagraph (5) of Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to SR 1625) 
Fisher River (Cooper Creek) (Virginia State line to NC 89 bridge) 
Little Fisher River (Virginia State line to NC 89 bridge) 
Merritt Creek 
(U) Swain County: 
Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah Reservoir 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1747 



PROPOSED RULES 



Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River) 
Oconaluftee River (not trout water) 

Connelly Creek 
Alarka Creek 

Nantahala River (Macon County line to existing Fontana Lake water level) 
(V) Transylvania County: 
French Broad Riser (junction of west and north forks to US 276 bridge) 
Davidson River (Avery Creek to Ecusta intake) 

East Fork French Broad River (Glady Branch to French Broad River) 
Middle Fork French Broad River 

West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north 
forks) 
Savannah Riser (not trout water) 

Horsepasture River (Jackson County line to existing Lake Jocassee water level) 
Thompson River (SR 1 152 to South Carolina state line, except where posted against trespass) 
(W) Watauga County: 
New River (not trout waters) 

North Fork New River (headwaters to Ashe County line) 
South Fork New River (not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from lower falls) 
Middle Fork New River (Lake Chetola Dam to South Fork New River) 
Yadkin Riser (not trout water) 

Stony Fork (headwaters to Wilkes County line) 

Elk Creek (headwaters to gravel pit on SR 1508. except where posted against trespass) 
Watauga River (SR 1559 to SR 1 1 14 bridge) 
Beech Creek 

Buckeve Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha) 
Dutch Creek (second bridge on SR 1 134 to mouth) 

Crab Orchard Creek 
Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 
Yadkin River (not trout water) 

Roaring Riser (not trout water) 

East Prong Roaring Riser (Bullhead Creek to Brewer's Mill on SR 1943) (Delayed harvest 
regulations apply to portion on Stone Mountain State Park) See Subparagraph (5) of 
Paragraph (a) of this Rule. 

Stone Mountain Creek (Alleghany County line to Bullhead Creek) [Delayed Harsest 
Regulations apply. See Subparagraph ( 5 ) of Paragraph (a) of this Rule.l 
Middle Prong Roaring Riser (headwaters to second bridge on SR 1736) 
Harris Creek (end of SR 1716 to mouth) 
Pell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies Riser (not trout svateri 

Middle Fork Reddies Riser (Clear Prong) (headwaters to bridge on SR 1580) 
South Fork Reddies Riser (headwaters to NC 16 bridge) 
North Fork Reddies Riser (Vannov Creek) (headssaters to Union School bridge on 



1748 7:17 SORTH CAROLIXA REGISTER December 1, 1992 



( 



PROPOSED RULES 



SR 1559) 

North Prong Reddies River (Darnell Creek) (downstream ford on SR 1569 
to confluence with North Fork) 
Lewis Fork Creek (not trout water) 

South Prong Lewis Fork (headwaters to Lewis Fork Baptist Church) 
Fall Creek (except portions posted against trespass) 
Stony Fork Creek (headwaters to Mt. Zion bridge near intersection of SR 1 155 and SR 1 167) 

(Y) Yancey County: 
Nolichucky River (not trout water) 

Cane River (Cattail Creek to Bowlens Creek) 
Bald Mountain Creek (except portions posted against trespass) 
Indian Creek (not trout water) 

Price Creek (junction of SR 1 120 and SR 1121 to Indian Creek) 
South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except where 
posted against trespass) 
(2) Wild Trout Waters. All designated public mountain trout waters located on game lands are 
classified as wild trout waters unless classified otherwise. The trout waters listed in this 
Subparagraph are also classified as wild trout waters. On game lands all tributaries to wild trout 
waters are also classified as wild trout waters. 

(A) Alleghany County: 
Ramey Creek (entire stream) 

Stone Mountain Creek (that portion on Stone Mountain State Park) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line to SR 1361 bridge) Catch and Release/ Artificial Lures Only 
Regulations apply. See Subparagraph (a)(3) of this Rule. 

(C) Avery County: 
Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 

Wilson Creek (Catch and Release/ Artificial Lures Only Regulations apply. See Subparagraph (a)(3) 
of this Rule.) 

(D) Buncombe County: 

Carter Creek (game land portion) (Catch and Release/ Artificial Lures only regulations apply. See 
Subparagraph (3) of Paragraph (a) of this Rule. 

(E) Burke County: 

All waters located on South Mountain State Park, except the main stream of Jacob Fork between the 
mouth of Shinny Creek and the lower park boundary where delayed harvest regulations apply. See 
Subparagraph (5) of Paragraph (a) of this Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower Dahl property line) 
Joe Fork (Watauga County line to falls) 
Rockhouse Creek (entire stream) 

(G) Jackson County: 
Gage Creek (entire stream) 
Tanasee Creek (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 
Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake) 

(H) Mitchell County: 
Green Creek (headwaters to Green Creek Bridge, except where posted against trespass) 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1749 



PROPOSED RULES 



Little Rock Creek (headwaters to Green Creek Bridge, except where posted against trespass) 
Wiles Creek (game land boundary to mouth) 

(I) Transylvania County: 
South Fork Mills River (entire stream) 
Whitewater River (downstream from Silver Run Creek to South Carolina State line) 

(J) Watauga County: 
Watauga River (Avery County line to SR 1559) 

Boone Fork (Blue Ridge Parkway boundary line to Watauga River) [Catch and Release Fly 
Fishing Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 
Howards Creek (headwaters to lower falls) 
Dutch Creek (headwaters to second bridge on SR 1 134) 
(K) Wilkes County: 
Big Sandy Creek (portion on Stone Mountain State Park) 
Garden Creek (portion on Stone Mountain State Park) 
Harris Creek and tributaries [portions on Stone Mountain State Park) [Catch and Release Artificial 

Lures Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 
Widow Creek (portion on Stone Mountain State Park) 

(L) Yancey County: 
Lickskillet Creek (entire stream) 
Middle Creek (game land boundary to mouth) 
Rock Creek (game land boundary to mouth) 
South Toe River (game land boundary downstream to Clear Creek) 

(3) Catch and Release/Artificial Lures Only. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and 
Release/Artificial Lures Only waters. Only artificial lures having one single hook may be used. 
No fish may be harvested or be in possession while fishing these streams: 

Harris Creek and tributaries (portions on Stone Mountain State Park, Wilkes County) 

Big Horse Creek, excluding tributaries (Virginia state line to SR 1361 bridge. Ashe County) 

Three Top Creek (portion located on Bluff Mountain Game Lands, Ashe County) 

Wilson Creek (game lands portion, including tributaries, Avery County) 

L'pper Creek, Yancey County 

Lower Creek, Yancey County 

Tuckasegee River including all tributaries above the Clarke property, Jackson County 

Flat Creek, Jackson County 

Carter Creek (game lands portion). Buncombe County 

Newberry Creek (game land portion, McDowell County) 

(4) Catch and Release/Artificial Flies Only. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and 
Release/Fly Fishing Only waters. Only artificial flies having one single hook may be used. No 
fish may be harvested or be in possession while fishing these streams: 

Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River, Watauga 

County) 

South Toe River (portion from the concrete bridge above Black Mountain Campground downstream 

to the game land boundary, excluding Camp Creek and Neals Creek, Yancey County) 

Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek, Avery 

County) 

Davidson River (headwaters to Avery Creek excluding Avery Creek, Looking Glass Creek, and 

Grogan Creek, Transylvania County) 

(5) Delayed Harvest. Those portions of designated Hatchery Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest 
Waters. Between 1 March and the Friday before the first Saturday in June, inclusive, only 
artificial lures with one single hook may be used. No fish may be harvested or be in possession 
while fishing these streams during this tunc I In the first Saturdaj in June these streams revert to 
Hatchery Supported Waters regulations: 

Ararat River (SR 1727 downstream to SR 1759, Surry County) 



1750 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



East Prong Roaring River (from Bullhead Creek downstream to the lower Stone Mountain State 
Park boundary, Wilkes County) 

Stone Mountain Creek (from falls at Alleghany County line to confluence with East Prong Roaring 
River and Bullhead Creek m Stone Mountain State Park, Wilkes County) 
Jacob Fork (Shinny Creek to lower South Mountain State Park boundary, Burke County) 
Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light powerhouse 
discharge canal, Swain County) 
(b) Fishing in Trout Waters 

(1) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner 
whatsoever from designated public mountain trout waters during the closed seasons for trout 
fishing. The seasons, size limits, creel limits and possession limits apply in all waters, whether 
designated or not, as public mountain trout waters. Except in power reservoirs and city water 
supply reservoirs so designated, it is unlawful to fish in designated public mountain trout waters 
with more than one line. Night fishing is not allowed in most hatchery supported trout waters on 
game lands [see 15A NCAC 10D .0004(b)(1)]. 

(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3) and (4) of Paragraph (a) 
of this Rule, the following rules apply to fishing in wild trout waters. 

(A) Open Season. There is a year round open season for the licensed taking of trout. 

(B) Creel Limit. The daily creel limit is four trout. 

(C) Size Limit. The minimum size limit is seven inches. 

(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person 
shall possess live or preserved bait while fishing wild trout waters. 

(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset 
and one-half hour before sunrise. 

Statutory Authority G.S. 113-134; 113-272; 113-292. 

.0208 SPAWNING AREAS 

The following waters are designated as spawning areas in which fishing is prohibited or restricted as 
indicated: 

(1) No person shall fish by any method or at any time in, or within 50 feet of, the fish ladder at Quaker 
Neck Dam on Neuse River in Wayne County. 

(2) No person shall fish by any method from February 15 to April 15, both inclusive, in Linville River 
from the NC 126 bridge downstream to the backwater of Lake James in Burke County lower 
spawning area boundary . 

(3) No person shall fish by netting in that portion of the Dan River lying within the State downstream 
from the Brantly Steam Plant at Danville, or in the Roanoke River between the US 258 bridge and 
the dam of Roanoke Rapids Lake, or while in or on said rivers within said areas, have in possession 
any bow net, dip net or any landing net having a handle exceeding eight feet in length or a hoop or 
frame to which the net is attached exceeding 60 inches along its outside perimeter. 

Statutory Authority G.S. 113-134; 113-292. 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
size limits are as indicated in the following table: 

DAILY CREEL MINIMUM 

GAME FISHES LIMITS SIZE LIMITS OPEN SEASON 

Mountain Trout: 

Wild Trout 4 7 in. ALL YEAR 

Waters (exc. 15) (exc. 2) 



7:77 NORTH CAROLINA REGISTER December 1, 1992 1751 



PROPOSED RULES 



Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 

Muskellunge and 
Tiger Musky 

Chain Pickerel 
(Jack) 

Walleye 



Sauger 

Black Bass: 

Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 

Red drum (channel 
bass, red fish, 
puppy drum) 

Striped Bass 
and their hybrids 
(Morone Hybrids) 

Kokanee Salmon 

Panfishes 



\o\<; AMI; FISHES 



7 




None 




All year, except 
March 1 to 7:00 a.m 
on first Saturday 
in April 

(exes. 2 & 3) 


2 




30 in. 




ALL YEAR 


None 




None 




ALL YEAR 


8 




None 




ALL YEAR 


(exes. 9 & 10) 




(exc. 9) 






S 




15 in. 




ALL YEAR 


5 




14 in. 




ALL YEAR 


(exc. 10) 


(exes 


. 4, 8 & 


11) 


(exc. 13) 


5 




12 in. 




ALL YEAR 


(exc. 10) 


(exes 


. 4. 8 & 


11) 




25 




None 




ALL YEAR 


None 




12 in. 




ALL YEAR 


None 




13 in. 




ALL YEAR 


5 




18 in. 




ALL YEAR 



8 aggregate 


16 in. 


ALL YEAR 


(exes. 1 & 6) 


(exes. 1. 6 & 12) 


(exes. 6, 16. & 18) 


7 


None 


ALL YEAR 


None 


None 


ALL YEAR 


(exes. 5 & 14) 


(exc. 14) 


(exc. 5) 


None 


None 


ALL YEAR 


(exc. 17) 


(exc. 17) 


(exc. 7) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam. and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species offish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 



1752 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

(3) Under an agreement with Tennessee, the minimum size limit on trout in Calderwood Reservoir is 
seven inches. 

(4) Bass taken from s tream s designated as public mountain trout waters or from Calderwood Reservoir 
may be retained without restriction as to size limit. 

(5) On Mattamuskeet Lake, special federal regulations apply. 

(6) In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico Rivers rivers 
and their tributaries extending upstream to the first impoundment, the daily creel limit for striped 
bass and their hybrids is mm three fish and the minimum length limit is 18 inches. In the Roanoke 
River up to the first impoundment, from July 1 through March 31 and June 1 through June 30 the 
daily creel limit for striped bass is one fish and the minimum length limit is 18 inches; from April 
1 to May 31 the daily creel limit is three fish, no fish between the lengths of 22 inches and 27 
inches may be retained, and the minimum length limit is 4-6 J_8 inches, except no fish may be 
retained in Roanoke River and its tributaries including Cashie, Middle and Eastmost rivers from 
May 1 to December 31, 1991. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(8) The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, and in Currituck 
Sound and tributaries north of Wright Memorial Bridge; in North River and tributaries in Currituck 
and Camden Counties north of a line between Camden Point and the end of SR 1 124. In and west 
of Madison, Buncombe, Henderson and Polk Counties and m designated public mountain trout 
waters the minimum size limit is 12 inches. In B. Everett Jordan Reservoir a minimum size limit 
of 16 inches, with no exception, applies to largemouth bass. In Falls of Neuse Reservoir, east of 
SR 1004, Sutton Lake and Tuckertown Lake no black bass between the lengths of 12 inches and 
16 inches may be retained, and the minimum size limit for black bass is 16 inches, except that the 
daily creel may contain two black bass of less than 12 inches in length. In W. Kerr Scott Reservoir 
there is no minimum size limit for spotted bass. 

(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 
above Lake James. 

(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(11) The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy 
bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thorn- A-Lex in Davidson County. 

(12) In all impounded inland waters and their tributaries, except those waters described in Exceptions 
(1), the daily creel limit of striped bass and their hybrids may include not more than two fish of 
smaller size than the minimum size limit. 

(13) In Cane Creek Reservoir (Orange County) the season for taking largemouth bass is closed. 

(14) In Lake Tillery, Falls Lake. High Rock Lake. Badin Lake, and Tuckertown Lake a daily creel limit 
of 20 fish and a minimum size limit of 8 inches apply to crappie. 

(15) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 
rainbow trout. 

(16) In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, Chowan 
River, Currituck Sound. Alligator River. Scuppernong River, and their tributaries (excluding the 
Roanoke River and Cashie River and their tributaries), striped bass fishing season, size limits and 
creel limits shall be the same as those established by duly adopted rules or proclamations of the 
Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

(17) The daily creel and length limits for channel, white, and blue catfish in designated urban lakes are 
provided for in 15A NCAC 10C .0401(d). 

(18) The Executive Director may. by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1753 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305. 

SUBCHAPTER IOD - GAME LANDS REGULATIONS 

.0002 GENERAL REGULATIONS REGARDING USE 

(a) Trespass. Entry on game lands for purposes other than hunting, trapping or fishing shall be as 
authorized by the landowner and there shall be no removal of any plants or parts thereof, or other materials, 
without the written authorization of the landowner. Travel is restricted, except by authorized personnel, to 
direct access from SR 2074 to the established waterfowl viewing stands on Cowan's Ford Waterfowl Refuge. 
The Wildlife Resources Commission may designate areas on game lands as either an Archery Zone, Safety 
Zone or Restricted Zone. 

(1) Archery Zone. On portions of game lands posted as "Archery Zones" hunting is limited to bow 
and arrow hunting only. 

(2) Safety Zone. On portions of game lands posted as "Safety Zones" hunting is prohibited. No 
person shall hunt or discharge a firearm or bow and arrow within, into, or across a posted safety 
zone on any game land. 

(3) Restricted Zone. Portions of game lands posted as "Restricted Zones" are closed to all use by the 
general public, and entry upon such an area for any purpose, except as authorized by permit from 
the Executive Director of the Wildlife Resources Commission or by authorized personnel in the 
performance of their duties, is prohibited. 

(4) Establishment of Archer,' and Restricted Zones. The Commission will conduct a public input 
meeting in the area where the game land is located before establishing any archery or restricted 
zone. After the input meeting the public comments will be presented to an official Commission 
meeting for final determination. 

(b) Littering. No person shall deposit any litter, trash, garbage, or other refuse at any place on any game 
land except in receptacles provided for disposal of such refuse at designated camping and target-shooting 
areas. No garbage dumps or sanitary landfills shall be established on any game land by any person, firm, 
corporation, county or municipality, except as permitted by the landowner. 

(c) Possession of Hunting Devices. It is unlawful to possess a firearm or bow and arrow on a game land 
at any time except during the open hunting seasons or hunting days for game birds or game anima^ other 
than fox, thereon unless said device is cased or not immediately available for use, provided that such devices 
may be possessed and used by persons participating in field trials on field trial areas and on target shooting 
areas designated by the landowner, and possessed in designated camping areas for defense of persons and 
property: and provided further that .22 caliber pistols with barrels not greater than seven and one-half inches 
in length and shooting only short, long, or long rifle ammunition may be carried as side arms on game lands 
at any time other than by hunters during the special bow and arrow and muzzle-loading firearms deer hunting 
seasons and by individuals training dogs during closed season without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow as a licensed special fishing device in those waters where 
such use is authorized. During the closed firearms seasons on big game (deer, bear, boar, wild turkey), no 
person shall possess a shotgun shell containing larger than No. 4 shot or any rifle or pistol larger than a .22 
caliber rim fire while on a game land, except that shotgun shells containing any size steel or non-toxic shot 
may be used while waterfowl hunting. No person shall hunt with or have in possession any shotgun shell 
containing lead or toxic shot while hunting on any posted waterfowl impoundment on any game land, or while 
hunting waterfowl on Butner-Falls of Neuse Game Land or New Hope Game Land, except shotgun shells 
containing lead buckshot may be used while deer hunting. 

(d) Game Lands License 

(1) Hunting and Trapping 

(A) Requirement. Except as provided in Part (B) of this Subparagraph, any person entering upon any 
game land for the purpose of hunting, trapping, or participating in dog training or field trial 
activities must have in his possession a game lands license in addition to the appropriate hunting 
or trapping licenses. 

(B) Exceptions 

(i) A person under 16 years of age may hunt on game lands on the license of his parent or legal 

guardian, 
(ii) The resident and nonresident sportsman's licenses include game lands use privileges. 



1754 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



(iii) Judges and nonresidents participating in field trials under the circumstances set forth in 

Paragraph (e) of this Rule may do so without the game lands license, 
(iv) On the game lands listed in Rule .0003(d)(1) of this Subchapter the game lands license is 
required only for hunting doves; all other activities are subject to the control of the 
landowners. 
(2) Trout Fishing. Any person 16 years of age or over, including an individual fishing with natural 
bait in the county of his residence, entering a game land for the purpose of fishing in designated 
public mountain trout waters located thereon must have in his possession a game lands license in 
addition to the regular fishing license and special trout license. The game lands license is not 
required to fish in that part of Slick Rock Creek which coincides with the Tennessee State line, or 
when fishing from boat on Calderwood Lake. The resident and nonresident sportsman's licenses 
and short-term comprehensive fishing licenses include trout fishing privileges on game lands. 

(e) Field Trials and Training Dogs. A person serving as judge of a field trial which, pursuant to a written 
request from the sponsoring organization, has been officially authorized in writing and scheduled for 
occurrence on a game land by an authorized representative of the Wildlife Resources Commission, and any 
nonresident participating therein may do so without procuring a game lands license, provided such nonresident 
has in his possession a valid hunting license issued by the state of his residence. 

Any individual or organization sponsoring a field trial on the Sandhills Field Trial grounds or the Laurinburg 
Fox Trial facility shall file with the commission's agent an application to use the area and facility accompanied 
by a check for the facility use fee computed at the rate of fifty dollars ($50.00) for each scheduled day of the 
trial. The total facility use fee will cover the period from 12:00 noon of the day preceding the first scheduled 
day of the trial to 10:00 a.m. of the day following the last scheduled day of the trial. The facility use fee must 
be paid for all intermediate days on which for any reason trials are not run but the building or facilities are 
used or occupied. A fee of twenty-five dollars ($25.00) per day shall be charged to sporting, educational, or 
scouting groups for scheduled events utilizing the club house only. No person or group of persons or any 
other entity shall enter or use in any manner any of the physical facilities located on the Laurinburg Fox Trial 
or the Sandhills Field Trial grounds without first having obtained specific written approval of such entry or 
use from an authorized agent of the Wildlife Resources Commission, and no such entry or use of any such 
facility shall exceed the scope of or continue beyond the specific approval so obtained. 

The Sandhills Field Trial facilities shall be used only for field trials scheduled with the approval of the 
Wildlife Resources Commission. No more than 16 days of field trials may be scheduled for occurrence on 
the Sandhills facilities during any calendar month, and no more than four days may be scheduled during any 
calendar week; provided, that a field trial requiring more than four days may be scheduled during one week 
upon reduction of the maximum number of days allowable during some other week so that the monthly 
maximum of 16 days is not exceeded. Before October 1 of each year, the North Carolina Field Trial 
Association or other organization desiring use of the Sandhills facilities between October 22 and November 
18 and between December 3 and March 31 must submit its proposed schedule of such use to the Wildlife 
Resources Commission for its consideration and approval. The use of the Sandhills Field Trial facilities at 
any time by individuals for training dogs is prohibited; elsewhere on the Sandhills Game Lands dogs may be 
trained only on Mondays, Wednesdays and Saturdays from October 1 through April 1. 

Dogs may not be trained or permitted to run unleashed between April 1 and August 15 on any game land 
located west of 1-95, except when participating in field trials sanctioned by the Wildlife Resources 
Commission. 

(f) Trapping. Subject to the restrictions contained in 15A NCAC 10B .0110. .0302 and .0303, trapping 
of furbearing animals is permitted on game lands during the applicable open seasons, except that trapping is 
prohibited: 

(1) on the field trial course of the Sandhills Game Land; 

(2) on the Harmon Den and Sherwood bear sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any game land; 

(4) by the use of multiple sets (with anchors less than 15 feet apart) or bait on the National Forest 
Lands bounded by the Blue Ridge Parkway on the south, US 276 on the north and east, and NC 
215 on the west; 

(5) on that portion of the Butner-Falls of Neuse Game Lands marked as the Penny Bend Rabbit 
Research area; 

(6) on Cowan's Ford Waterfowl Refuse in Gaston, Lincoln and Mecklenburg Counties: 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1755 



PROPOSED RULES 



(7) on the Hunting Creek Swamp Waterfowl Refuge. 

On those areas of state-owned land known collectively as the Roanoke River Wetlands and including the 
Broadneck, Company Swamp, Conine Island. Speller-Outlaw and L'rquhart tracts, controlled trapping is 
allowed under a permit system. For information contact the Division of Wildlife Management of the Wildlife 
Resources Commission. 

(g) Use of Weapons. No person shall hunt or discharge a firearm or bow and arrow from a vehicle, or 
within 200 yards of any building or designated camping area, or within, into, or across a posted "safetv zone" 
on any game land. No person shall hunt with or discharge a firearm within, into, or across a posted 
"restricted zone" on any game land. 

(h) Vehicular Traffic. No person shall drive a motorized vehicle on any game land except on those roads 
constructed and maintained for vehicular travel and those trails posted for vehicular travel; provided that this 
provision shall not apply to participants in scheduled bird dog field trials held on the Sandhills Game Land. 

(i) Camping. No person shall camp on any game land except on an area designated by the landowner for 
camping. 

(j) Swimming. Swimming is prohibited in the lakes located on the Sandhills Game Land. 

Statutory Authority G.S. 113-134: 113-264: 113-270.3: 113-291.2: 113-291.5: 113-305: 113-306. 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on any designated game land shall be under the influence 
of alcohol or any narcotic drug, or fail to comply with special restrictions regarding the use of the Blue Ridge 
Parkway where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a vehicle on game lands in such a manner as to block 
traffic, gates or otherwise prevent vehicles from using any roadway. 

(ci Tree Stands. It is unlawful to erect or to occupy, for the purpose of hunting, any tree stand or platform 
attached by nails, screws, bolts or wire to a tree on any game land designated herein. This prohibition shall 
not apply to lag-screw steps or portable stands that are removed after use with no metal left remaining in or 
attached to the tree. 

(d) Time and Manner of Taking. Except where closed to hunting or limited to specific dates bv these 
regulations, hunting on game lands is permitted during the open season for the game or furbearing species 
being hunted. On managed waterfowl impoundments, hunters shall not enter the posted impoundment areas 
earlier than 4:00 a.m. on the permitted hunting dates, and hunting is prohibited after 1:00 p.m. on such 
hunting dates: decoys may not be set out prior to 4:00 a.m. and must be removed by 3:00 p.m. each day. 
No person shall operate any vessel or vehicle powered by an internal combustion engine on a managed 
waterfowl impoundment. 

No person shall attempt to obscure the sex or age of any bird or animal taken by severing the head or any 
other part thereof, or possess any bird or animal which has been so mutilated. 

No person shall place, or cause to be placed on any game land. salt, grain, fruit, or other foods without 
prior written authorization of the commission or its agent. No person shall take or attempt to take anv game 
birds or game animals attracted to such foods. 

No live wild animals or wild birds shall be removed from any game land. 

(e) Hunting Dates: 

(1) Doves may be taken on the following game lands and dove hunting is limited to Mondays. 
Wednesdays. Saturdays and to Thanksgiving. Christmas and New Year's Davs within the 
federally-announced season: 

Buncombe County— Browntown Farms Game Land 
Guilford County—Guilford County Farm Game Land 
Lenoir County— Caswell Farm Game Land 
Wayne County— Cherry Farm Game Land 

(2) Any game may be taken during the open seasons on the following game lands and hunting is 
limited to Mondays. Wednesdays. Saturdays and Thanksgiving. Christmas and New Year"s Days. 
In addition, deer may be taken with bow and arrow on the opening day of the bow and arrow- 
season for deer. Raccoon and opossum hunting may continue until 7:00 a.m. on Tuesdays, until 
7:00 a.m. on Thursdays, and until midnight on Saturdays. Additional restrictions apply as indicated 
in parentheses following specific designations: 



7756 7:17 XORTH CAROLLXA REGISTER December 1, 1992 



PROPOSED RULES 



Ashe County— Carson Woods Game Land 

Bertie County — Bertie County Game Land s 

Bladen County--Bladen Lakes State Forest Game Lands (Handguns may not be carried and. except for 
muzzle-loaders, rifles larger than .22 caliber rimfire may not be used or possessed. On the Breece 
Tract and the Singletary Tract deer and bear may be taken only by still hunting. Deer of either 
sex may be taken on the first Wednesday after Thanksgiving and on the second Saturday after 
Thanksgiving. Wild turkey hunting \s by permit only. ) 

Caswell County--Caswell Game Land 

Catawba and Iredell Counties--Catawba Game Land (No deer may be taken from the tract known as Island 
Point and deer may be taken with bow and arrow only from the tract known as Molly's backbone.) 

Lenoir County--H.M. Bizzell. Sr.. Game Land 

Onslow County— White Oak River Impoundment Game Land (In addition to the dates above indicated, 
waterfowl may be taken on the opening and closing days of the applicable waterfowl seasons.) 

Pender County— Holly Shelter Game Land (In addition to the dates above indicated, waterfowl may be 
taken on the opening and closing days of the applicable waterfowl seasons. Deer of either sex may 
be taken on Mondays, Wednesdays, and Saturdays from the first Wednesday after Thanksgiving 
through the third Saturday after Thanksgiving.) 

Richmond. Scotland and Moore Counties— Sandhills Game Land (The regular gun season for deer consists 
of the open hunting dates from the second Monday before Thanksgiving to the third Saturday after 
Thanksgiving except on the field trial grounds where the gun season is from the second Monday 
before Thanksgiving to the Saturday following Thanksgiving. Deer may be taken with bow and 
arrow on all open hunting dates during the bow and arrow season, as well as during the regular 
gun season. Deer may be taken with muzzle-loading firearms on Monday, Wednesday and 
Saturday of the second week before Thanksgiving week, and during the regular gun season. 
Except for the deer seasons above indicated and the managed either-sex permit hunts, the field trial 
grounds are closed to all hunting during the period October 22 to March 31. In addition to the 
regular hunting days, waterfowl may be taken on the opening and closing days of the applicable 
waterfowl seasons.) Wild turkey hunting is by permit only. 

Robeson County— Robeson Game Land 

Robeson County— Bullard and Branch Hunting Preserve Game Land 

Sampson County—Sampson Game Lands 

Stokes County— Sauratown Plantation Game Land 

Yadkin County— Huntsville Community Farms Game Land 

(3) Any game may be taken on the following game lands during the open season, except that: 

(A) Bears may not be taken on lands designated and posted as bear sanctuaries: 

(B) Wild boar may not be taken with the use of dogs on such bear sanctuaries, and wild boar may 
be hunted only during the bow and arrow seasons, the muzzle-loading deer season and the regular 
gun season on male deer on bear sanctuaries located in and west of the counties of Madison, 
Buncombe. Henderson and Polk; 

(C) On game lands open to deer hunting located in or west of the counties of Rockingham, Guilford, 
Randolph. Montgomery and Anson, the following rules apply to the use of dogs during the 
regular season for hunting deer with guns: 

(i) Except for the counties of Cherokee, Clay. Jackson, Macon, Madison, Polk, and Swain, 

game birds may be hunted with dogs, 
(ii) In the counties of Cherokee, Clay. Jackson, Macon, Madison, Polk, and Swain, small game 

in season may be hunted with dogs on all game lands except on bear sanctuaries. 

(D) On Croatan. Goose Creek. New Hope Jordan, and Shearon Harris Game Lands^ and posted 
waterfowl impoundments on Goose Creek Game Lands, waterfowl may be taken only on 
Mondays. Wednesdays, Saturdays: on Thanksgiving. Christmas and New Year's Days; and on 
the opening and closing days of the applicable waterfowl seasons^ ; except that out s ide the po s ted 
waterfowl impoundment s on Goo s e Creek Game Land hunting any waterfowl in season is 
permitted any week day during the la s t 10 day s of the regular duck season as establi s hed by the 
U.S. Fi s h and Wildlife Service; On After November L^ on the Pamlico Point, Campbell Creek, 
and Spring Creek impoundments^ located on the Goose Creek Game Lands, a special permit is 
required for hunting on those opening and closing days of the waterfowl season as well as on 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1757 



PROPOSED RULES 



those of the duck seasons, Saturdays that fall after November 1 of the sea s on of the duck seasons, 
and on Thanksgiving and New Year's day: 

(E) On the posted waterfowl impoundments of Gull Rock Game Land hunting of any species of 
wildlife is limited to Mondays, Wednesdays. Saturdays; Thanksgiving, Christmas, and New 
Year's Days; and the opening and closing days of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of Madison, Buncombe, Henderson and Polk Counties dogs may 
not be trained or allowed to run unleashed between March 1 and October 1 1 ; 

(G) On Anson. New Lake. Pungo River, and Gull Rock Game Lands deer of either sex may be taken 
from the first Wednesday after Thanksgiving through the third Saturday after Thanksgiving. 

(H) On Butner-Falls of Neuse and Person Game Lands waterfowl may be taken only on Tuesdays. 
Thursdays and Saturdays. Christmas and New Year's Days, and on the opening and closing days 
of the applicable waterfowl seasons; 

(I) On Angola Bay. Butner-Falls of Neuse, Croatan, Goose Creek, and Hofmann Forest Game Lands 
deer of either sex may be taken from the first Wednesday after Thanksgiving through the 
following Saturday; 

(J) Horseback riding is allowed on the Caswell and Thurmond Chatham game lands only during 
June. July, and August and on Sundays during the remainder of the year except during open 
turkey and deer seasons. Horseback riding is allowed only on roads opened to vehicular traffic. 
Participants must obtain a game lands license prior to engaging in such activity; 

(K) On the posted waterfowl impoundments on the New Hope Jordan and Butner-Falls of Neuse game 
lands a special permit is required for all waterfowl hunting. 

(L) Additional restrictions or modifications apply as indicated in parentheses following specific 
designations: 

Alexander and Caldwell Counties--Brushy Mountains Game Lands 

Anson County--Anson Game Land 

Anson. Montgomery. Richmond and Stanly Counties--Pee Dee River Game Lands 

Ashe County--Elk Ridge Game Lands 

Ashe County--Cherokee Game Lands 

Ashe and Watauga Counties--Elk Knob Game Land 

Avery. Buncombe. Burke. Caldwell. Haywood. Henderson. Jackson. Madison. McDowell. Mitchell. 
Transylvania, Watauga and Yancey Counties--Pisgah Game Lands (Harmon Den and Sherwood 
Bear Sanctuaries in Haywood County are closed to hunting raccoon, opossum and wildcat. 
Training raccoon and opossum dogs is prohibited from March 1 to October 1 1 in that part of 
Madison County north of the French Broad River, south of L'S 25-70 and west of SR 1319.) 

Bertie and Washington Counties— Bachelor Bay Game Lands 

Beaufort and Pamlico Counties— Goose Creek Game Land 

Brunswick County— Green Swamp Game Land 

Burke and Cleveland Counties— South Mountains Game Lands 

Caldwell. Watauga and Wilkes Counties-- Yadkin Game Land 

Carteret. Craven and Jones Counties— Croatan Game Lands 

Chatham County— Chatham Game Land 

Chatham. Durham. Orange, and Wake Counties- New Hope Jordan Game Lands (On areas posted as 
"archery zones" hunting is limited to bow and arrow. Horseback riding, including all equine 
species, is prohibited.) 

Chatham and Wake Counties— Shearon Harris Game Land 

Cherokee, Clay, Graham. Jackson. Macon, Swain and Transylvania Counties— Nantahala Game Lands. 
Raccoon and opossum may be hunted only from sunset Friday until sunrise on Saturday and from 
sunset until 12:00 midnight on Saturday on Fires Creek Bear Sanctuary in Clay County and in 
that part of Cherokee County north of US 64 and NC 294, east of Persimmon Creek and 
Hiwassee Lake, south of Hiwassee Lake and west of Nottely River; in the same part of Cherokee 
County dog training is prohibited from March 1 to October 11. It is unlawful to train dogs or 
allow dogs to run unleased on any game land in Graham County between March 1 and October 
11. 

Chowan County— Chowan Game Land 

Cleveland Countv—Gardner-Webb Game Land 



1758 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



Craven County--Neuse River Game Land 

Currituck County— North River Game Land 

Currituck County--Northwest River Marsh Game Land 

Dare County--Dare Game Land (No hunting on posted parts of bombing range.) 

Davidson, Davie, Montgomery, Rowan and Stanly Counties— Alcoa Game Land 

Davidson County— Linwood Game Land 

Davidson, Montgomery and Randolph Counties—Uwharrie Game Land 

Duplin and Pender Counties— Angola Bay Game Land 

Durham, Granville and Wake Counties— Butner-Fails of Neuse Game Land (On that part marked as the 

Penny Bend Rabbit Research Area no hunting is permitted. Horseback riding, including all 

equine species, is prohibited.) 
Franklin County — Franklin Game Land s 
Gates County— Chowan Swamp Game Land 

Henderson, Polk and Rutherford Counties— Green River Game Lands 
Hyde County— Gull Rock Game Land 
Hyde County— Pungo River Game Land 
Hyde and Tyrrell Counties— New Lake Game Land 
Jones and Onslow Counties— Hofmann Forest Game Land 
Lee County— Lee Game Land 

McDowell County — Hickory Nut Mountain Game Land 
McDowell and Rutherford Counties— Dysartsville Game Lands 
Moore County— Moore Game Land 
New Hanover County— Sutton Lake Game Land 
Person County— Person Game Land 
Transylvania County— Toxaway Game Land 

Tyrrell County and Washington Counties — Lantern Acres Game Land 
Vance County— Vance Game Land. (The use of dogs, centerfire rifles and handguns for hunting deer 

is prohibited on the Nutbush Peninsula tract of Vance Game Lands.) 
Wilkes County— Thurmond Chatham Game Land 

(4) Deer of either sex may be taken on the hunt dates indicated by holders of permits to participate in 
managed hunts scheduled and conducted in accordance with this Subparagraph on the game lands 
or portions of game lands included in the following schedule: 

Friday and Saturday of the first week after Thanksgiving Week: 

Uwharrie and Alcoa southeast of NC 49 
Thursday and Friday of the week before Thanksgiving Week: 

Sandhills east of US 1 

Sandhills west of US 1 
Application forms for permits to participate in managed deer hunts on game lands, together with 
pertinent information and instructions, may be obtained from hunting and fishing license agents and 
from the Wildlife Resources Commission. Completed applications must be received by the 
Commission not later than the first day of October September next preceding the dates of hunt. 
Permits are issued by random computer selection, are mailed to the permittees 30 days prior to the 
hunt, and are nontransferable. A hunter making a kill must tag the deer and report the kill to a 
wildlife cooperator agent. 

(5) The following game lands and Federal Wildlife Refuge are closed to all hunting except to those 
individuals who have obtained a valid and current permit from the Wildlife Resources Commission: 
Bertie, Halifax and Martin Counties— Roanoke River Wetlands; 

Bertie County— Roanoke River National Wildlife Refuge. 

Dare County-Dare Game Lands (Those parts of bombing range posted against hunting) 
Davie— Hunting Creek Swamp Waterfowl Refuge 

Gaston, Lincoln and Mecklenburg Counties— Cowan's Ford Waterfowl Refuge (except for youth 
either-sex deer hunts by permit only on the first and second Saturdays in October). 



Statutory Authority G.S. 113-134; 113-264; 113-291.2; 113-291.5; 113-305. 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1759 



PROPOSED RULES 



jjCJ^Vyyy^^r-er-i^VVVV^V 



I\ otice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rule cited as 15A NCAC IOC .0206 and .0401 - .0402. 

1 he proposed effective date of this action is July 1 . 1993. 

1 he public hearing will be conducted at 7:00 p.m. on February 3. 1993 at the Bladen Count}- Courthouse, 
Elizabeth town. NC 28337. 

Keason for Proposed Actions: 

15A NCAC IOC .0206 and .0401 : To allow the use of trotlines and sethooks in Lake Waccamaw. 

15A NCAC IOC .0402: To allow the use of seines in Lake Waccamaw. 

Lsommcnt Procedures: Interested persons may present their views either orally or in writing at the hearing. 
In addition, the record of hearing will be open for receipt of written comments from December 1, 1992 to 
February 3. 1993. Such written comments must be delivered or mailed to the N.C. Wildlife Resources 
Commission. 512 N. Salisbury Street. Raleigh. NC 27604-1 1 88. 

CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY 

SUBCHAPTER IOC - INLAND FISHLNG REGULATIONS 

SECTION .0200 - GENERAL REGULATIONS 

.0206 TROTLINES AND SET-HOOKS 

Trotlines and set-hooks may be set in the inland waters of North Carolina, provided no live bait is used: 
except that no trotlines or set-hooks may be set in designated public mountain trout waters . Lak e Waccamaw. 
or in any of the impounded waters on the Sandhills Game Land. For the purposes of this Regulation, a 
set-hook is defined as any hook and line which is attached at one end only to a stationary or floating object 
and which is not under immediate control and attendance of the person using such device. Each trotline shall 
have attached the name and address of the user legibly and indelibly inscribed. Each trotline shall be 
conspicuously marked at each end with a flag, float, or other prominent object so that its location is readily 
discernable by boat operators and swimmers. Trotlines must be set parallel to the nearest shore in ponds, 
lakes, and reservoirs. All trotlines and throwlines must be fished at least once daily and all fish removed at 
that time. Untended trotlines. as evidenced by the absence of bait, may be removed from the water by 
wildlife enforcement officers when located in areas of multiple water use. 

Recognizing the safety hazards to swimmers, boaters and water skiers which are created by floating metal 
cans and glass jugs, it is unlawful to use metal cans or glass jugs as floats. This shall not be construed to 
prohibit the use of plastic jugs, cork, styrofoam. or similar materials as floats. 

Statutory Authority G.S. 113-134: 113-272: 113-292. 

SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKEN G NONGAME FISHES: PURCHASE AND SALE 

(a) Except as permitted by the rules in this Section, it is unlawful to take nongame fishes from the inland 
fishing waters of North Carolina in any manner other than with hook and line, rod and reel, trotline or 
set-hook. Nonsame fishes mav be taken bv such hook and line methods at anv time without restriction as to 



1760 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



size limits or creel limits, except that no trotlines or set-hooks may be used in Lake Waccamaw, in the 
impounded waters located on the Sandhills Game Land or in designated public mountain trout waters. The 
season for taking nongame fishes by other hook and line methods in designated public mountain trout waters 
shall be the same as the trout fishing season. 

(b) Nongame fishes taken by hook and line methods or by licensed special devices may be sold. 

(c) Freshwater mussels may only be taken from impounded waters, except mussels shall not be taken in 
Lake Waccamaw and in University Lake in Orange County. 

(d) In the Urban Lakes listed below it is unlawful to take channel, white or blue catfish (forked tail catfish) 
by means other than hook and line; the daily creel limit for forked tail catfish is six fish in aggregate and the 
minimum length limit is 12 inches: 

Oka T. Hester Pond, Guilford County 
Lake Luke Marion. Moore County 
Lake Crabtree, Wake County 
Shelley Lake, Wake County 
Freedom Park Pond, Mecklenburg County 
Hornet's Nest Ponds, Mecklenburg County 
Campus Hills Pond, Durham County 
Twin Lake Ponds, Durham County 
Rocky Mount City Lake. Nash County 

Statutory Authority- G.S. 113-134; 113-272; 113-292. 

.0402 TAKING BAIT FISHES AND FISH BAIT 

(a) It is unlawful to take bait fishes in the inland waters of North Carolina using equipment other than: 

( 1 ) a net of dip net design not greater than six feet across; 

(2) a seine of not greater than 12 feet in length (except in Lake Waccamaw where there is no length 
limitation) and with a bar mesh measure of not more than one-fourth inch; 

(3) a cast net; 

(4) minnow traps not exceeding 12 inches in diameter and 24 inches in length, with funnel openings 
not exceeding one inch in diameter, and which are under the immediate control and attendance of 
the individual operating them. 

(b) It is unlawful to sell nongame fishes or aquatic animals taken under this subsection. 

(c) Game fishes and their young taken while netting for bait shall be immediately returned unharmed to the 
water. No person shall take more than 200 bait fish from inland fishing waters during one day. It is unlawful 
to take bait fishes or fish bait from designated public mountain trout waters and: 

(1) Chatham County: 

Deep River 
Rocky River 
Bear Creek 

(2) Lee County: 

Deep River 

(3) Moore County: 

Deep River 

(4) Randolph County: 

Deep River below the Coleridge Dam 
Fork Creek. 

Statutory Authority G.S. 113-134; 113-135; 113-272; 113-272.3; 113-292. 

iSotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rule cited as 15A NCAC IOC .0205. .0208. .0302. .0305, .0404, .0503; WD 
.0004. 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1761 



PROPOSED RULES 



1 he proposed effective date of this action is July 1. 1993. 

1 he public hearing will he conducted at 10:00 a.m. on January 20. 1993 at the Archdale Building, Room 
332. 512 N. Salisbury Street. Raleigh. NC 27604-1 188. 



Keason for Proposed Actions: 



15A NCA C IOC . 0205 - To include or exclude particular waters in the designations of hatchery supported trout 
waters, catch and release trout waters and wild trout waters. 

15A NCAC IOC .0208 - Removes the spawning area designation of a particular area of water. 

15A NCAC IOC .0302 - Restricts the taking of inland game fishes to hook and line or rod and handline. 

15A NCAC IOC .0305 - To open the large mouth bass season in Cane Creek Reservoir. 

15 A NCAC IOC .0404 - To place restrictions on the use of bows in fishing. 

15A NCAC IOC .0503 - To correct the spelling of a creek. 

15A NCAC WD .0004 - To change the name of a game land. 

(comment Procedures: Interested persons may present their views either orally or in writing at the hearing. 
In addition, the record of hearing will be open for receipt of written comments from December 1, 1992 to 
January 20. 1993. Such written comments must be delivered or mailed to the N.C Wildlife Resources 
Commission. 512 N. Salisbury Street, Raleigh. NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY 

SUBCHAPTER IOC - INLAND FISHLNG REGULATIONS 

SECTION .0200 - GENER\L REGULATIONS 

.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. On game lands located in western North Carolina certain 
waters are designated as public mountain trout waters and classified as wild trout waters or hatchery supported 
waters. For specific classifications see Subparagraphs (1) and (2) of Paragraph (a) of this Rule. Other 
streams, portions of streams, and bodies of water which are not located on game lands are designated within 
this Rule as public mountain trout waters and are classified as hatchery supported trout waters or wild trout 
waters. These waters are posted and lists thereof are filed with the clerks of superior court of the counties 
in which they are located: 

(1) Hatchery Supported Trout Waters. The hatchery supported public mountain trout waters are 
designated in this Subparagraph under the counties where located. Where specific watercourses 
are listed indentation indicates the watercourse named is tributary to the next preceding watercourse 
named and not so indented. The designation applies to the entire watercourse or impoundment 
named, including tributaries when on game lands, except as otherwise indicated in parentheses 
following the name. Other clarifying information may also be included parenthetically: 
(A) Alleghany County: 

New River (not trout water) 

Little River (Whitehead to McCann Dam) 
Crab Creek 
Brush Creek (except where posted against trespass) 



1762 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



Little Pine Creek 
Big Pine Creek 
Little Glade Creek 
Laurel Branch 
Big Glade Creek 
Bledsoe Creek 
Pine Swamp Creek 

Waterfalls Creek (South Fork Little River)(except where posted against trespass) 
South Fork New River (not trout water) 
Prather Creek 
Cranberry Creek 
Piney Fork 
Meadow Fork 
Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (that portion on Stone Mountain State Park) Delayed Harvest 

Waters regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

Stone Mountain Creek 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to Sharp Dam) 
Helton Creek (Virginia State line to New River) 
Big Horse Creek (SR 1361 bridge to Tuckerdale) 
Buffalo Creek (headwaters to junction of NC 194-88 and SR 1131) 
Big Laurel Creek 

Three Top Creek (portion not on game lands) 
Hoskins Fork (Watauga County line to North Fork New River) 
South Fork New River (not trout waters) 

Cranberry Creek (Alleghany County line to South Fork New River) 

Nathans Creek 

Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters) 

Trout Lake 

Roan Creek 

North Beaver Creek 

South Beaver Creek (headwaters to Ashe Lake) 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Call Creek (West Prong Old Fields Creek) 
Mill Creek (except where posted against trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell County line, except where posted against trespass) 
Plumtree Creek 
Roaring Creek 
Squirrel Creek 
Elk River (SR 1306 crossing to Tennessee State line) 
Elk River (Lees-McRae College boundary line to NC 194 bridge at Heaton, except where posted 

against trespass) 
Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of 
this Rule] 

Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (4) of Paragraph 
(a) of this Rule] 
Gragg Prong 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1763 



PROPOSED RULES 



Webb Prong 
Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (2) of 

Paragraph (a) of this Rule] 
Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph b| 

(a) of this Rule] ' ' 

Boyde Coffey Lake 
Archie Coffey Lake 
Linville River (Sloop Dam to Blue Ridge Parkway boundary line) 

Milltimber Creek 
Linville River [Land Harbor line (below dam) to Ben Aldridge line, except Bob Miller property] 

(D) Buncombe County: 
French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge) 

Dillingham Creek (Corner Rock Creek to Big Ivy Creek) 

Stony Creek 

Mineral Creek 

Corner Rock Creek 
Reems Creek (Woodfin Watershed dam to US 19-23 bridge, except where posted against 

trespass) 
Swannanoa River (SR 2702 bridge near Ridgecrest to Sayles Bleachery in Asheville, except 

where posted against trespass) 
Bent Creek 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 
Catawba River (not trout water) 

South Fork Catawba River (not trout water) 

Henry Fork (lower Morganton watershed line downstream to SR 1919 at Ivy Creek) At 

Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) Delayed Harvest ^ 

Regulations apply. See Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 
Parks Creek (not trout water) 

Carroll Creek (game lands above SR 1405) 
Linville River (first bridge on SR 1223 below Lake James powerhouse to Muddy Creek) 

(F) Caldwell County: 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns Mountain Beach dam, except where posted against 
trespass) 

Estes Mill Creek (not trout water) 
Thorpe Creek (falls to NC 90 bridge) 
Mulberry Creek (not trout water) 

Boone Fork (not Hatchery Supported trout water) 
Boone Fork Pond 

(G) Cherokee County: 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, except where posted against trespass) 
North Shoal Creek (Crane Creek) (headwaters to SR 1325) 
Persimmon Creek 
Davis Creek 

Bald Creek 
Beaver Dam Creek (headwaters to SR 1326 bridge) 
Valley River 

Hyatt Creek 

Webb Creek 



1764 7:17 NORTH CAROLINA REGISTER December 1, 1992 



I 



PROPOSED RULES 



Junaluska Creek (bridge at U.S. Forest Service road 440. Section No. 4, to Valley River) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek (bear sanctuary line to SR 1300) 
Tusquitee Creek (headwaters to lower SR 1300 bridge) 

Tuni Creek 
Chatuge Lake (not trout water) 

Shooting Creek (headwaters to US 64 bridge at SR 1338) 
Hothouse Branch 
Vineyard Creek 
(I) Graham County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 
West Buffalo Creek 
Santeelah Reservoir (not trout water) 
Santeelah Creek (Johns Branch to mouth) 
Huffman Creek (Little Buffalo Creek) 
Squalla Creek 

South Fork Squalla Creek 
Big Snowbird Creek (old railroad junction to mouth) 
Mountain Creek (game lands boundary to SR 1 138 bridge) 
Long Creek (portion not on game lands) 
Tulula Creek (headwaters to lower bridge on SR 1211) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Stecoah Creek 
Sawyer Creek 
Panther Creek 
(J) Haywood County: 

Pigeon River (not trout water) 
Hurricane Creek 
Cold Springs Creek 

Jonathans Creek - lower (concrete bridge in Dellwood to Pigeon River) 
Jonathans Creek - upper [SR 1307 bridge (west) to SR 1302 bridge] 
Hemphill Creek 

West Fork Pegion River (headwaters to Champion International property line, except Middle 
Prong ) 
(K) Henderson County: 

Broad River (not trout water) 

Rocky Broad River (one-half mile north of Bat Cave to Rutherford County line) 
Green River - upper (mouth of Bob Creek to mouth of Rock Creek) 
Green River - lower (Lake Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk County line) 
Big Hungry River 
Little Hungry River 

North Fork Mills River (game lands portion below the Hendersonville watershed dam) 
(L) Jackson County: 

Tuckasegee River (confluence with West Fork Tuckasegee River to bridge at Wilmot) 
Scott Creek (entire stream, except where posted against trespass) 

Buff Creek (SR 1457 bridge below Bill Johnson's place to Scott Creek) 
North Fork Scott Creek 
Savannah Creek (Headwaters to Bradley's Packing House on NC 116) 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1765 



PROPOSED RULES 



Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek) 
Cullowhee Creek (Tilley Creek to Tuckasegee River, except portion posted for Western Carolina 

University outdoor classroom) 
Bear Creek Lake 

Wolf Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this 
Rule] 

Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of 
this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake) 
Shoal Creek (Glenville Reservoir pipeline to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain County line) Delayed Harvest Regulations apply to 
the portion from Whiteoak Creek to the Nantahala Power and Light powerhouse discharge 
canal. See Subparagraph (a)(5) of this Rule. 
Queens Creek Lake 

Roaring Fork Creek (game land boundary to mouth) 
Burningtown Creek 

Cullasaja River (Sequoah Dam to US 64 bridge near junction of SR 1672) 
Ellijay Creek (except where posted against trespass) 
Skitty Creek (not trout water) 
Cliffside Lake 
Cartoogechaye Creek (US 64 bridge to Little Tennessee River) 

Tessentee Creek (Nichols Branch to Little Tennessee River, except where posted against 
trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to Georgia State line) 
(N) Madison County: 

French Broad River (not trout water) 
Shut-In Creek 

Spring Creek (junction of NC 209 and NC 63 to lower US Forest Service boundary line) 
Meadow Fork Creek 
Roaring Fork 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed boundary to Rice's Mill Dam) 
Shelton Laurel Creek (headwaters to NC 208 bridge) 
Big Creek (headwaters to lower game land boundary) 
Mill Creek 
Spillcorn Creek 

Puncheon Fork (Hampton Creek to Big Laurel Creek) 
(O) McDowell County: 

Catawba River (not trout water) 
Buck Creek (not trout water) 

Little Buck Creek (game land portion) 
Curtis Creek (fish barrier to US 70 bridge) 

Newberry Creek (game land portion) 
North Fork Catawba River (headwaters to North Cove School, SR 1569) 
Armstrong Creek (Cato Holler line downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to Old Fort Dam U.S. 70 Bridge , except where posted against 
trespass) 



1766 7:17 NORTH CAROLINA REGISTER December 1, 1992 



i 



( 



PROPOSED RULES 



(P) Mitchell County: 

Nolichucky River (not trout water) 

Big Rock Creek (headwaters to fishing club property above A.D. Harrel farm) 

Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against 
trespass) 
Cane Creek (SR 1219 to Nolichucky River) 
Grassy Creek (East Fork Grassy Creek to mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 1121, Altapass Road) 
(Q) Polk County: 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 108 bridge) 

Fork Creek (Fork Creek Church on SR 1 128 to North Pacolet River) 
Big Fall Creek (portion above and below water supply reservoir) 
Green River (Henderson County line to mouth of Brights Creek) 
Little Cove Creek 
Cove Creek 

Camp Creek [Henderson County line (top of falls) to Green River] 
Fulloms Creek (SR 1 154 to Green River) 
(R) Rutherford County: 

Broad River (not trout water) 

Rocky Broad River (Henderson County line to head of rapids at Goose Pond Hole, except where 
posted against trespass) 
(S) Stokes County: 

Dan River (lower Flippin property line below SR 1416 to 200 yards downstream from end of SR 
1421) 
(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to SR 1759) Delayed Harvest regulations apply. See 
Subparagraph (5) of Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to SR 1625) 
Fisher River (Cooper Creek) (Virginia State line to NC 89 bridge) 
Little Fisher River (Virginia State line to NC 89 bridge) 
Merritt Creek 
(U) Swain County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 

Cheoah Reservoir 

Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River) 
Oconaluftee River (not trout water) 

Connelly Creek 
Alarka Creek 

Nantahala River (Macon County line to existing Fontana Lake water level) 
(V) Transylvania County: 

French Broad River (junction of west and north forks to US 276 bridge) 
Davidson River (Avery Creek to Ecusta intake) 

East Fork French Broad River (Glady Branch to French Broad River) 
Middle Fork French Broad River 
West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north 

forks) 
Savannah River (not trout water) 

Horsepasture River (Jackson County line to existing Lake Jocassee water level) 

Thompson River (SR 1 152 to South Carolina state line, except where posted against trespass) 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1767 



PROPOSED RULES 



(W) Watauga County: 

New River (not trout waters) 

North Fork New River ( headwater s from confluence with Maine and Mine branches to Ashe 
County line) 

Maine Branch (headwaters to North Fork New River) 
South Fork New River (not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from lower falls) 
Middle Fork New River (Lake Chetola Dam to South Fork New River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes County line) 

Elk Creek (headwaters to gravel pit on SR 1508, except where posted against trespass) 
Watauga River (SR 1559 to SR 1 1 14 bridge) 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha) 
Dutch Creek (second bridge on SR 1 134 to mouth) 

Crab Orchard Creek 
Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (Bullhead Creek to Brewer's Mill on SR 1943) (Delayed harvest 
regulations apply to portion on Stone Mountain State Park) See Subparagraph (5) of 
Paragraph (a) of this Rule. 

Stone Mountain Creek (Alleghany County line to Bullhead Creek) 
Middle Prong Roaring River (headwaters to second bridge on SR 1736) 
Harris Creek (end of SR 1716 to mouth) 
Pell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear Prong) (headwaters to bridge on SR 1580) 
South Fork Reddies River (headwaters to NC 16 bridge) 

North Fork Reddies River (Vannoy Creek) (headwaters to Union School bridge on SR 
1559) 

North Prong Reddies River (Darnell Creek) (downstream ford on SR 1569 to confluence 
with North Fork) 
Lewis Fork Creek (not trout water) 

South Prong Lewis Fork (headwaters to Lewis Fork Baptist Church) 
Fall Creek (except portions posted against trespass) 
Stony Fork Creek (headwaters to Mt. Zion bridge near intersection of SR 1 155 and SR 1 167) 
(Y) Yancey County: 

Nolichucky River (not trout water) 

Cane River (Cattail Creek to Bowlens Creek) 
Bald Mountain Creek (except portions posted against trespass) 
Indian Creek (not trout water) 

Price Creek (junction of SR 1 120 and SR 1121 to Indian Creek) 
South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except 
where posted against trespass) 



1768 7:17 NORTH CAROLINA REGISTER December 1, 1992 



i 



( 



♦ 



PROPOSED RULES 



(2) Wild Trout Waters. All designated public mountain trout waters located on game lands are 
classified as wild trout waters unless classified otherwise. The trout waters listed in this 
Subparagraph are also classified as wild trout waters. On game lands all tributaries to wild trout 
waters are also classified as wild trout waters. 

(A) Alleghany County: 
Ramey Creek (entire stream) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line to SR 1361 bridge) Catch and Release/ Artificial Lures Only 
Regulations apply. See Subparagraph (a)(3) of this Rule. 

(C) Avery County: 

Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 

Wilson Creek (Catch and Release/Artificial Lures Only Regulations apply. See Subparagraph (a)(3) 
of this Rule.) 

(D) Buncombe County: 

Carter Creek (game land portion) (Catch and Release/Artificial Lures only regulations apply. See 
Subparagraph (3) of Paragraph (a) of this Rule. 

(E) Burke County: 

All waters located on South Mountain State Park, except the main stream of Jacob Fork between 
the mouth of Shinny Creek and the lower park boundary where delayed harvest regulations 
apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower Dahl property line) 
Joe Fork (Watauga County line to falls) 
Rockhouse Creek (entire stream) 

(G) Jackson County: 

Gage Creek (entire stream) 

Tanasee Creek (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 

Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake) 
(H) Mitchell County: 

Green Creek (headwaters to Green Creek Bridge, except where posted against trespass) 

Little Rock Creek (headwaters to Green Creek Bridge, except where posted against trespass) 

Wiles Creek (game land boundary to mouth) 
(I) Transylvania County: 

South Fork Mills River (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 
(J) Watauga County: 

Watauga River (Avery County line to SR 1559) 

Boone Fork (Blue Ridge Parkway boundary line to Watauga River) [Catch and Release Fly 
Fishing Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 
Howards Creek (headwaters to lower falls) 
(K) Wilkes County: 

Big Sandy Creek (portion on Stone Mountain State Park) 

Garden Creek (portion on Stone Mountain State Park) 

Harris Creek and tributaries [portions on Stone Mountain State Park) [Catch and Release Artificial 
Lures Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 

Widow Creek (portion on Stone Mountain State Park) 



7:17 NORTH CAROLINA REGISTER December I, 1992 1769 



PROPOSED RULES 



(L) Yancey County: 

Lickskillet Creek (entire stream) 

Middle Creek (game land boundary to mouth) 

Rock Creek (game land boundary to mouth) 

South Toe River (game land boundary downstream to Clear Creek) 

(3) Catch and Release/ Artificial Lures Only. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and 
Release/ Artificial Lures Only waters. Only artificial lures having one single hook may be used. 
No fish may be harvested or be in possession while fishing these streams: 

Harris Creek and tributaries (portions on Stone Mountain State Park, Wilkes County) 

Big Horse Creek, excluding tributaries (Virginia state line to SR 1361 bridge, Ashe County) 

Three Top Creek (portion located on Bluff Mountain Elk Ridge Game Lands, Ashe County) 

Wilson Creek (game lands portion, including tributaries, Avery County) 

Upper Creek, Yancey County 

Lower Creek, Yancey County 

Tuckasegee River including all tributaries above the Clarke property, Jackson County 

Flat Creek, Jackson County 

Carter Creek (game lands portion). Buncombe County 

(4) Catch and Release/ Artificial Flies Only. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and 
Release/Fly Fishing Only waters. Only artificial flies having one single hook may be used. No 
fish may be harvested or be in possession while fishing these streams: 

Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River, Watauga 

County) 
South Toe River (portion from the concrete bridge above Black Mountain Campground downstream 

to the game land boundary, excluding Camp Creek and Neals Creek, Yancey County) 
Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek, Avery 

County) 
Davidson River (headwaters to Avery Creek excluding Avery Creek, Looking Glass Creek, and 

Grogan Creek, Transylvania County) 

(5) Delayed Harvest. Those portions of designated Hatchery Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest 
Waters. Between 1 March and the Friday before the first Saturday in June, inclusive, only 
artificial lures with one single hook may be used. No fish may be harvested or be in possession 
while fishing these streams during this time. On the first Saturday in June these streams revert to 
Hatchery Supported Waters regulations: 

Ararat River (SR 1727 downstream to SR 1759, Surry County) 

East Prong Roaring River (from Bullhead Creek downstream to the lower Stone Mountain State 

Park boundary, Wilkes County) 
Jacob Fork (Shinny Creek to lower South Mountain State Park boundary. Burke County) 
Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light powerhouse 

discharge canal, Swain County) 
b) Fishing in Trout Waters 

(1) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner 
whatsoever from designated public mountain trout waters during the closed seasons for trout 
fishing. The seasons, size limits, creel limits and possession limits apply in all waters, whether 
designated or not, as public mountain trout waters. Except in power reservoirs and city water 
supply reservoirs so designated, it is unlawful to fish in designated public mountain trout waters 
with more than one line. Night fishing is not allowed in most hatcher}' supported trout waters on 
game lands [see 15A NCAC 10D .0004(b)(1)]. 

(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3) and (4) of Paragraph (a) 
of this Rule, the following rules apply to fishing in wild trout waters. 

(A) Open Season. There is a year round open season for the licensed taking of trout. 

(B) Creel Limit. The daily creel limit is four trout. 

(C) Size Limit. The minimum size limit is seven inches. 



1770 7:17 SORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person 
shall possess live or preserved natural bait while fishing wild trout waters. 

(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset 
and one-half hour before sunrise. 



Statutory Authority G.S. 113-134; 113-272; 113-292. 



.0208 SPAWNING AREAS 

The following waters are designated as spawning areas in which fishing is prohibited or restricted as 
indicated: 

fB No p e rson shall fi s h by any m e thod or at any tim e in. or within 50 feet of. th e fish ladd e r at Quaker 

Neck Dam on N e us e River in Wayn e County. 

(3) No person shall fish by any method from February 15 to April 15, both inclusive, in Linville 
River from the NC 126 bridge downstream to the backwater of Lake James in Burke County. 
(3) No person shall fish by netting in that portion of the Dan River lying within the State downstream 
from the Brantly Steam Plant at Danville, or in the Roanoke River between the US 258 bridge and 
the dam of Roanoke Rapids Lake, or while in or on said rivers within said areas, have in possession 
any bow net, dip net or any landing net having a handle exceeding eight feet in length or a hoop or 
frame to which the net is attached exceeding 60 inches along its outside perimeter. 



ill 

m 



Statutory Authority G.S. 113-134; 113-292. 

SECTION .0300 - GAME FISH 

.0302 MANNER OF TAKING INLAND GAME FISHES 

Except as provided below, it is unlawful for any person to take inland game fishes from any of the waters 
of North Carolina by any method other than with hook and line. , rod and r e el, or by casting. Landing nets 
may be used to land fishes caught on hook and line. Game fishes taken incidental to commercial fishing 
operations in joint fishing waters or coastal fishing waters shall be immediately returned to the water 
unharmed. Game fishes taken incidental to the use of licensed special devices for taking nongame fishes from 
inland fishing waters as authorized by 15A NCAC 10C .0407 shall be immediately returned to the water 
unharmed, except that spotted sea trout may be retained without limit. 

Statutory Authority- G.S. 113-134; 113-272; 113-292; 113-302. 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
size limits are as indicated in the following table: 



GAME FISHES 



DAILY CREEL 
LIMITS 



MINIMUM 

SIZE LIMITS 



OPEN SEASON 



Mountain Trout: 
Wild Trout 
Waters 



7 in. 

(exc. -1-5 14) 



ALL YEAR 

(exc. 2) 



Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 



None 



All year, except 
March 1 to 7:00 a.m. 
on first Saturday 
in April 
(exes. 2 & 3) 



Muskellunge 
and Tiger Musky 



30 in. 



ALL YEAR 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1771 



PROPOSED RULES 



Chain Pickerel 
(Jack) 

Walleye 



Sauger 

Black Bass: 
Largemouth 
(exc. 10) 



Smallmouth 
and Spotted 



White Bass 

Sea Trout (Spot- 
ted or Speckled) 

Flounder 



None 


None 




ALL YEAR 


8 

(exes. 9 
& 10) 


None 




ALL YEAR 

(exc. 9) 


8 


15 in. 




ALL YEAR 


5 

(exes. 4, 
8 & 11) 


14 in. 
(exc. 


13) 


ALL YEAR 


5 

(exc. 10) 

8 & 11) 


12 in. 
(exes. 


4. 


ALL YEAR 


25 


None 




ALL YEAR 


None 


12 in. 




ALL YEAR 


None 


13 in. 




ALL YEAR 



Red drum (channel 


5 


18 in. 


ALL YEAR 


bass, red fish. 








puppy drum) 








Striped Bass 


8 aggregate 


16 in. 


ALL YEAR 


and their hybrids 


(exes. 1 & 6) 


(exes. 1, 


(exes. 6, L6 15 


(Morone Hybrids) 




6 & 12) 


and +8 17) 


Kokanee Salmon 


7 


None 


ALL YEAR 


Panfishes 


None 


None 


ALL YEAR 




(exes. 5 


(exc. 44 L3) 


(exc. 5) 




&+4I3) 






NONGAME FISHES 


None 


None 


ALL YEAR 




(exc. 47 ]6) 


(exc. 47 16) 


(exc. 7) 



(b) Exceptions 

( 1 ) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam. and in John H. Kerr. Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species offish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 
of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

(3) Under an agreement with Tennessee, the minimum size limit on trout in Calderwood Reservoir is 
seven inches. 

(4) Bass taken from streams designated as public mountain trout waters or from Calderwood Reservoir 
may be retained without restriction as to size limit. 



1772 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



(5) On Mattamuskeet Lake, special federal regulations apply. 

(6) In the inland fishing waters of Cape Fear, Neuse, Pungo and Tar-Pamlico Rivers rivers and their 
tributaries extending upstream to the first impoundment, the daily creel limit for striped bass and 
their hybrids is one fish and the minimum length limit is 18 inches. In the Roanoke River up to 
the first impoundment, from July 1 through March 31 and June 1 through June 30 the daily creel 
limit for striped bass is one fish and the minimum length limit is 18 inches; from April 1 to May 
31 the daily creel limit is three fish, no fish between the lengths of 22 inches and 27 inches may 
be retained, and the minimum length limit is 16 inches, except no fish may be retained in Roanoke 
River and its tributaries including Cashie, Middle and Eastmost rivers from May 1 to December 
31, 1991. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(8) The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, in Lake Mackintosh 
in Alamance and Gilford counties. In Lake Rjm in Cumberland County, and in Currituck Sound 
and tributaries north of Wright Memorial Bridge; in North River and tributaries in Currituck and 
Camden Counties north of a line between Camden Point and the end of SR 1 124. In and west of 
Madison, Buncombe, Henderson and Polk Counties the minimum size limit is 12 inches. In B. 
Everett Jordan Reservoir a minimum size limit of 16 inches, with no exception, applies to 
largemouth bass. In Falls of Neuse Reservoir, east of SR 1004, Sutton Lake and Tuckertown Lake 
no black bass between the lengths of 12 inches and 16 inches may be retained, and the minimum 
size limit for black bass is 16 inches, except that the daily creel may contain two black bass of less 
than 12 inches in length. In W. Kerr Scott Reservoir there is no minimum size limit for spotted 
bass. 

(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 
above Lake James. 

(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(11) The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy 
bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thom-A-Lex in Davidson County. 

(12) In all impounded inland waters and their tributaries, except those waters described in Exceptions 
(1), the daily creel limit of striped bass and their hybrids may include not more than two fish of 
smaller size than the minimum size limit. 

{+%) In Cane Creek Reservoir (Orange County) the s ea s on for taking largemouth baas is closed. 

(13) fW-) In Lake Tillery. Falls Lake, Badin Lake, and Tuckertown Lake a daily creel limit of 20 fish 
and a minimum size limit of 8 inches apply to crappie. 

(14) f4£) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown 
and rainbow trout. 

(15) f+6) In designated inland fishing waters of Roanoke Sound. Croatan Sound, Albemarle Sound, 
Chowan River. Currituck Sound. Alligator River. Scuppernong River, and their tributaries 
(excluding the Roanoke River and Cashie River and their tributaries), striped bass fishing season, 
size limits and creel limits shall be the same as those established by duly adopted rules or 
proclamations of the Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

( 16) f474 The daily creel and length limits for channel, white, and blue catfish in designated urban lakes 
are provided for in 15A NCAC 10C .0401(d). 

(17) <+&) The Executive Director may, by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 

Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305. 

SECTION .0400 - NONGAME FISH 

7:17 NORTH CAROLINA REGISTER December 1, 1992 1773 



PROPOSED RULES 



.0404 SPECIAL DEVICE FISHING 

(a) Bow and Arrow. The use of longbow bow [as defined in 15A NCAC 10B .01 16(a)! and arrow as a 
licensed special device is authorized for taking nongame fishes at any time from all inland fishing waters other 
than impounded waters located on the Sandhills Game Land and designated public mountain trout waters. 
Unless specifically prohibited, longbow bow and arrow may be used in joint fishing waters. It is unlawful 
to take fish with crossbow and arrow in any inland fishing waters. 

(b) Nets. Manually operated nets, including seines and bow, cast, dip, gill, drift and fyke nets may be used 
under the special device fishing license. 

(1) No fixed gill net or other stationary net which may be authorized as a special fishing device may 
be more than 100 yards in length, nor shall any such net be placed within 50 yards of any other 
fixed net. Fixed nets must be set so that they run parallel to the nearest shoreline, except in the 
Neuse. Trent, Northeast Cape Fear, Cape Fear, and Black Rivers and their tributaries. No 
anchored or fixed gill net or drift net shall be used unless such net is marked for the protection of 
boat operators. A net shall be deemed so marked when there is attached to it at each end two 
separate yellow buoys which shall be of solid foam or other solid buoyant material no less than five 
inches in its smallest dimensions. The owner shall always be identified on a buoy on each end 
either by using engraved buoys or by attaching engraved metal or plastic tags to the buoys. Such 
identification shall include one of the following: owner's N.C. motor boat registration number, 
or owner's U.S. vessel documentation name, or owner's last name and initials. 

(2) It is unlawful to attach gill nets to any wire, rope, or similar device extended across any navigable 
watercourse. 

(c) Traps. Baskets and traps, including automobile tires, may be used under the special device fishing 
license. Such devices when set and left unattended shall be affixed with a card or tag furnished by the license 
holder and upon which his name and address shall be legibly and indelibly inscribed. No fish trap may exceed 
ten feet in length or three feet in depth or width. No lead nets, wing nets, or other device designed to guide 
or herd fish may be attached to the trap or used or set within 25 feet of the trap. 

(d) Spears. Manually operated gigs or under- water spear or harpoon guns may be used under the special 
fishing device license in the inland waters having a season for their use specified in Rule .0407 of this Section. 

(e) Crab pots. Persons owning property adjacent to the inland fishing waters of coastal rivers and their 
tributaries are permitted to set two crab pots to be attached to their property and not subject to special device 
license requirements. 

Statutory Authority G.S. 113-134: 113-272.2; 113-276; 113-292. 

SECTION .0500 - PRIMARY NURSERY AREAS 

.0503 DESCRIPTIVE BOUNDARIES 

The following waters have been designated as primary nursery areas: 

(1) North River: 

(a) Board Broad Creek - Camden County - Entire stream; 

(b) Deep Creek - Currituck County - Entire stream: 

(c) Lutz Creek - Currituck County - Entire stream. 

(2) Alligator River: 

(a) East Lake - Dare County - Inland waters portion; 

(b) Little Alligator River - Tyrrell County - Entire stream. 

(3) Currituck Sound: 

(a) Martin Point Creek - Dare County - Entire stream (Jean Guite Creek); 

(b) Tull Creek and Bay - Currituck County - Tull Bay to mouth of Northwest River; Tull Creek from 
mouth upstream to SR 1222 bridge. 

(4) Pamlico River: 

(a) Duck Creek - Beaufort County - Entire stream; 

(b) Bath Creek - Beaufort County - Entire stream; 
ici Mixons Creek - Beaufort County - Entire stream: 

(d) Porter Creek - Beaufort County - Entire stream; 

(e) Tooleys Creek - Beaufort Count)' - Entire stream; 



1774 7:17 XORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



(f) Jacobs Creek - Beaufort County - Entire stream; 

(g) Jacks Creek - Beaufort County - Entire stream; 
(h) Bond Creek - Beaufort County - Entire stream; 
(i) Muddy Creek - Beaufort County - Entire stream; 

(j) Strawhorn Creek - Beaufort County - Entire stream; 

(k) South Prong Wright Creek - Beaufort County - Entire stream; 

(1) Jordan Creek - Beaufort County - Entire stream. 

(5) Neuse River: 

(a) Slocum Creek - Craven County - Entire stream; 

(b) Hancock Creek - Craven County - Entire stream. 

(6) New River: 

(a) French Creek - Onslow County - Entire stream; 

(b) New River - Onslow County - US Highway 17 bridge to point 0.75 miles upstream. 

Statutory Authority G.S. 113-132; 113-134. 

SUBCHAPTER 10D - GAME LANDS REGULATIONS 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated herein, fishing on game lands which are open to fishing shall 
be in accordance with the statewide regulations. All game lands are open to public fishing except restocked 
ponds on the New Hope Game Land when posted against fishing. Hunting Creek Swamp Waterfowl Refuge, 
Grogan Creek in Transylvania County, and in the case of private ponds where fishing may be prohibited by 
the owners thereof. No trotline or set-hook or any net, trap, gig, bow and arrow or other special fishing 
device of a type mentioned in 15A NCAC IOC .0403 may be used in any of the impounded waters located 
on the Sandhills Game Land. The game lands license is required to fish on designated public mountain trout 
waters on game lands, 
(b) Designated Public Mountain Trout Waters 

(1) Fishing Hours. It is unlawful to fish in designated public mountain trout waters on any game land 
from one-half hour after sunset to one-half hour before sunrise, except that night fishing is 
permitted in the game lands sections of the Nantahala River located downstream from the Swain 
County line. 

(2) Location. All waters located on the game lands listed in this Subparagraph, except Cherokee Lake, 
Grogan Creek, and Big Laurel Creek downstream from the US 25-70 bridge to the French Broad 
River, Pigeon River downstream of Waterville Reservoir to Tennessee line, and Nolichucky River 
are designated public mountain trout waters: 

Bluff Mountain Elk Ridge Game Land, Ashe County 

Nantahala National Forest Game Lands in the Counties of Cherokee, Clay, Graham, Jackson, 

Macon, Swain and Transylvania 
Pisgah National Forest Game Lands in the Counties of Avery, Buncombe, Burke, Caldwell, 

Haywood, Henderson, Madison, McDowell, Mitchell, Transylvania and Yancey 
South Mountains Game Land in Burke County 
Thurmond Chatham Game Land in Wilkes County 
Toxaway Game Land in Transylvania County 

(3) All designated public mountain trout waters located on the game lands listed in Subparagraph (b)(2) 
of this Rule are wild trout waters unless classified otherwise. [See 15A NCAC 10C .0205(a)(1)]. 

Statutory Authority G.S. 1 13-1 34; 11 3-264; 1 13-272; 1 13-292; 113-305. 

Services intends to adopt rules cited as ISA 
****************** NCAC 16A .1101 - .1108, .1150 - .1151, .1201 - 

. 1209. 

iSotice is hereby given in accordance with G.S. 

150B-21.2 that the EHNR - Comtnissionfor Health 1 he proposed effective date of this action is April 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1775 



PROPOSED RLT.ES 



1. 1993. 

L he public hearing will be conducted at 1:30 
p.m. on January 11. 1993 at the Highway Build- 
ing. First Floor Auditorium, 1 South Wilmington 
Street. Raleigh. NC. 

IXeason for Proposed Action: To implement 
Breast and Cervical Cancer Screening and Follow- 
up Program as soon as possible in order to comply 
with recent federal funding requirements, to simpli- 
fy the Diagnosis and Payment Program Rules as 
well as to assure that thty reflect current medical 
practice. 

Lsomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to John P. 
Barklcy, Department of Justice. P. O. Box 629. 
Raleigh. NC 27602-0629. (919)733-4618. If you 
desire to speak at the public hearing, notify John 
P. Barkle}- at least 3 days prior to the public 
hearing. Oral presentation lengths may be limited 
depending on the number of people that wish to 
speak at the public hearing. Only persons who 
have made comments at a public hearing or who 
have submitted written comments will be allowed 
to speak at the Comnussion meeting. Convnents 
made at the Commission meeting must cither 
clarify previous comments or address proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL 
INTERESTED AND POTENTI.ALLY AFFECTED 
PERSONS, GROUPS, BUSINESSES, 
ASSOCIATIONS. INSTITUTIONS, OR AGENCIES 
MAKE THEIR VIEWS AND OPINIONS KNOWN 
TO THE COMMISSION FOR HE.ALTH SERVICES 
THROUGH THE PUBLIC HEARING A.\D 
COMMENT PROCESS. WHETHER THEY 
SUPPORT OR OPPOSE ANY OR .ALL 
PROVISIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO THE 
R ULES A T THE COMMISSION MEETING IF THE 
CHANGES COMPLY WITH G.S. I50B-21 .2(f). 

tLditor's Note: Tliese Rules were filed as 
temporary adoptions effective December 1, 1992 
for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner. 



CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC DISEASE 

SECTION .1100 - CANCER DIAGNOSTIC 
AND treat:\dint PROGRAM 

.1101 GENERAL 

(a) The Cancer Diagnosis and Treatment Pro- 
gram shall provide financial assistance for the 
medical care of indigent patients as follows: 

( 1 ) diagnostic services for cancer: and 

(2) treatment services for cancer. 

(b) Rules for the Breast and Cervical Cancer 
Screening and Follow-up Program are found in 
15A NCAC 16A .1200. 

(c) The Cancer Diagnosis and Treatment Pro- 
gram shall be administered by the Division of 
Adult Health. Department of Environment. Health, 
and Natural Resources. P.O. Box 27687. Raleigh. 
NC 27611-7687. 

Statutory Authority G.S. 130A-205: Sec. 301 <£ 
31 7. Public Health Services Act, as amended. 

.1102 DEFINITIONS 

The following definitions shall apply throughout 
this Section: 
( 1 ) "Cervical intraepithelial neoplasia (ON)" 
means any condition suggestive of pre- 



(4) 



invasive cervical cancer which for the 
purpose of these Rules means mild. 
moderate, or severe dysplasia or carcino- 
ma in-situ. 

Day of Sen ice" means all covered ser- 
vices provided m one calendar day. 
"Program" means the Cancer Diagnosis 
and Treatment Program. 
"Year" means one year beginning with 



the day the patient receives the first 
diagnostic or treatment services reim- 
bursed by the Program. 



Statutory- Authority G.S. 130A-205: Sec. 301 & 
317, Public Health Services Act, as amended. 

.1103 LIMITATIONS ON DAYS OF 
SERVICE 

(a) Financial assistance shall be provided for 
diagnostic services for one day of services on an 
inpatient basis or up_ to two days of services on an 
outpatient basis per year per patient. The Program 
shall authorize the number of days for reimburse- 
ment based on the medical condition of the patient 
and the procedure to be performed. 



7776 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



(1) Applications for inpatient diagnostic 
services shall be accompanied by a 
written, signed statement from the 
attending physician that includes the 
following: 

(A) the medical reason that the inpatient 
services are required; and 

(B) the medical reason such services 
cannot be performed on an outpatient 
basis. 

(2) The statement in Subparagraph (a)(1) of 
this Rule may be in the form of workup 
protocol, clinical notes, medical histo- 
ry, or other medical document in lieu 
of a separately prepared statement. 

(3) The statement in Subparagraph (a)(1) of 
this Rule shall be reviewed by the 
Program which shall assess the medical 
need for inpatient diagnostic services. 

(b) Financial assistance shall be provided for 
treatment services, for up to eight days of inpatient 
services or up to J_6 days of outpatient services per 
year or an equivalent combination thereof for each 
patient. The Program shall authorize the number 
of days for reimbursement based on the medical 
condition of the patient and the procedure to be 
performed. 

Statutory Authority- G.S. 130A-220. 

. 1 1 04 COVERED SERVICES 

(a) Covered services shall include diagnostic and 
treatment services for cancer or a condition sug- 
gestive of cancer. Physical therapy following 
surgery, where medically indicated, is an approved 
treatment service. 

(b) Service Restrictions: 

(1) Dental treatment is not covered except 
[n cases of head and neck cancer when 
necessary for the delivery of oncologic 
care. 

(2) The Program shall not cover late dis- 
charge fees, transportation, telephone 
calls, or other miscellaneous charges. 

(3) Cosmetic surgery shall not be covered. 
This does not preclude the coverage of 
functional, reconstructive surgery. 

(4) Ancillary diagnostic studies shall be 
authorized only when they are deter- 
mined by the Program to be directly 
related to the confirmation of a diagno- 
sis of cancer or are necessary for treat- 
ment planning. 

(5) The Program shall not authorize reim- 
bursement for follow-up office visits 



16} 



LM 



mi 



01 



£8} 



19] 



i£l 
mote 



after completion of diagnostic studies or 
treatment. However, this does not 
prohibit coverage of diagnosis or treat- 
ment of a recurrent disease. 
For patients suspected of having cervi- 
cal intraepithelial neoplasia, the Pro- 
gram will not authorize treatment ser- 
vices unless a coloposcopic directed 
biopsy to determine appropriate therapy 
has been performed. Conization or 
loop excision of the cervix will be 
considered medically necessary if one 
or more of the following conditions are 
met and documented: 
Unsatisfactory colposcopy due to an 
inability to visualize the entire lesion 
or the transformation zone; 
Positive endocervical curettage; or 
Cytologic or histologic suspicion of 
invasive cancer. 
Conization of the cervix will be cov- 
ered only on an outpatient basis unless 
the Program determines that the 
patient's health would be jeopardized 
by service provided on an outpatient 
basis. 

Hysterectomy will not be covered as a 
primary therapy for cervical 
intraepithelial neoplasia. 
The use of any treatment, equipment, 
drug, device or supply not recognized 
as having scientifically established 
medical value nor accepted as standard 
medical treatment for the condition 
being treated, as determined by the 
Program, will not be covered. 
Inpatient services shall not be 
authorized unless the hospital is 
licensed jn the State of North Carolina 
under General Statute 131E-5, the 
Hospital Licensure Act, or under 
conditions of participation for Medicare 
(Title XVIII of the Social Security Act) 
or Medicaid (Title XIX of the Social 
Security Act). 
Meals and overnight accommodations, in a 



home, boarding house, ambulatory care 
facility, or similar facility for patients receiving 
covered services on an outpatient basis shall be 
covered by the Program if the patient's residence 
is at least 50 miles from the medical facility 
providing the outpatient services. 

( 1 ) Reimbursement for actual expenses 
shall not exceed the maximum 
allowable subsistence (meals and 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1777 



PROPOSED RULES 



accommodations) for state employees in 
the course of their official duties, found 
jn G.S. 138-6, based on those rates of 
reimbursement in effect at the time of 
the authorization of these expenses by 
the Program. 

(2) Program authorization of meals and 
accommodations shall be limited to the 
maximum number of days of service 
coverage. However, the Program shall 
cover meals and accommodations for 
weekends between the periods during 
which treatment js authorized. 

(3) Authorization Requests for meals and 
accommodations shall state the number 
of days which will be required, as well 
as the dates of service on which 
outpatient diagnostic or treatment 
services shall be rendered. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317 Public Health Services Act, as amended. 

.1105 FINANCIAL ELIGIBILITY 

Financial eligibility for the Program shall be 
determined jn accordance with the rules found in 
15A NCAC 24A. 



Statutory Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

. 1 1 06 MEDICAL ELIGIBILITY 

(a) To be medically eligible for diagnostic 
authorization, a patient must have a condition 
strongly suspicious of cancer which requires 
diagnostic services to confirm the preliminary 
diagnosis. The Program shall authorize only those 
services determined by the Program to be 
medically necessary to confirm a preliminary 
diagnosis. 

(b) Diagnostic or treatment services for cervical 
intraepithelial neoplasia shall be covered by the 
Program if there js cytologic or histologic evidence 
of cervical intraepithelial neoplasia. 

(c) A positive pathology report shall be required 
before treatment services can be authorized by the 
Program. 

(d) Before treatment services may be authorized, 
the attending physician must certify that there js a 
25 percent or better chance of five-year survival 
with initial treatment. 

(e) All requests for treatment shall be reviewed 
by the Program. Such requests shall be authorized 
when the Program determin es that there js at least 
a 25 percent chance of five-year survival with 



initial treatment and that the services to be 
provided are medically necessary to improve the 
chance of survival. In determining medical 
eligibility, the Program may confer with the 
patient's attending physician, members of the 
Cancer Committee of the North Carolina Medical 
Society, and other physicians trained in the 
treatment of cancer. 

(f) All requests for chemotherapy shall be 
accompanied by a protocol describing the 
treatment being requested. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
31 7, Public Health Services Act, as amended. 

.1107 PATIENT APPLICATION PROCESS 

(a) Authorization Request and Financial Eligibil- 
ity Application forms may be requested by the 
provider from the Program at ffie principal address 
of the Division. 

( b ) The Authorization Request and Financial 
Eligibility Applications are to be completed in 
accordance with the Rules found in 15A NCAC 
24A and the directions printed on the forms. 

(c) Separate Authorization Requests are neces- 
sary for diagnosis and for treatment. 

Statutory Authority G.S. 130A-205. 

.1108 REIMBURSEMENT PROCESS 

All claims for authorized services rendered shall 
be processed in accordance with rules found jn 
15A NCAC 24A. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

.1150 REPORTTNG OF CANCER 

Every physician shall report cancers as required 
by G.S. 130A-209, jn the manner prescribed by 
15A NCAC 26. 

Statutory Authority G.S. 130A-209. 

.1151 CANCER REGISTRY 

Rules governing the administration of the Central 
Cancer Registry are found jn 15A NCAC 26. 

Statutory Authority G.S. 130A-205. 

SECTION .1200 - BREAST AND CERVICAL 

CANCER SCREENING AND FOLLOW-UP 

PROGRAM 



177$ 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



.1201 GENERAL 

(a) The Breast and Cervical Cancer Screening 
and Follow-up Program provides the following 
services to eligible women: 

(1) breast cancer screening and follow-up 
services; and 

(2) cervical cancer screening and follow-up 
services. 

(b) The Breast and Cervical Cancer Screening 
and Follow-up Program is administered by the 
Division of Adult Health. Department of Environ- 
ment, Health, and Natural Resources, P.O. Box 
27687, Raleigh, N.C. 27611-7687. 

(c) Rules for the Cancer Diagnostic and Treat- 
ment Program are found in 15A NCAC 16A 
.1100. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

.1202 DEFINITIONS 

The following definitions shall apply throughout 
this Section: 
(1) "Breast cancer screening services" means 
(a) a clinical breast examination and a 
screening mammogram jn accordance 
with "The American Cancer Society 
Guidelines for the Cancer-related 
Check-up: Recommendations; " 
instruction in breast self-examination; 



lb] 
i£l 

idj 

£2] 

mj 

lb) 

(£] 
(3] 

14] 

(5) 



documentation of screening test results 
jn the patient's medical record; and 
notification to the patient of the screen- 
ing test results. 
'Cervical cancer screening services" 



means 



a pelvic examination and a Pap test in 
accordance with "The American Cancer 
Society Guidelines for the Cancer-Re- 
lated Check-up: Recommendations. " 
documentation of the screening test 
results in the patient's medical record; 
and 

notification to the patient of the screen- 
ing test results. 
"Follow-up for breast cancer screening 
services" means a repeat mammogram 
and, when medically appropriate, a diag- 
nostic mammogram. 

"Follow-up for cervical cancer screening 
services" means a repeat Pap smear and, 
when medically appropriate, a colposco- 
py directed biopsy. 
"Program" means Breast and Cervical 



Cancer Screening and Follow-up Pro- 
gram; 
"The American Cancer Society Guidelines for the 
Cancer- Related Check-up: Recommendations" is 
hereby incorporated by reference including any 
subsequent amendments and editions. This materi- 
al is available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Adult Health, 1330 St. Mary's Street, 
Raleigh, N.C. A copy may be obtained from the 
Division of Adult Health, P.O. Box 27687, Ra- 
leigh, North Carolina 2761 1-7687 at no cost. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

.1203 FINANCIAL ELIGIBILITY 

(a) Patients who are at, or are below 200 per- 
cent of the Federal Poverty Guidelines jn effect on 
July I of each year are financially eligible to 
receive services found jn 15A NCAC 16A . 1 20 1 , 
subject to the provisions of 15A NCAC 16A 
. 1207. The Federal Poverty Guidelines are incor- 
porated by reference including subsequent amend- 
ments and editions. This material js available for 
inspection at the Department of Environment, 
Health, and Natural Resources, Division of Adult 



Health, 1330 SU Mary's Street, Raleigh, North 
Carolina. A copy of the Federal Poverty Guide- 
lines may be obtained at no cost from the Division 
of Adult Health, PO Box 27687, Raleigh, N.C. 
27611-7687. 

(b) Financial eligibility for the Program shall be 
determined by participating providers from infor- 
mation contained in a declaration of gross income 
and family size signed by the patient or a person 
responsible for the patient. The participating 
provider js authorized to require substantiating 
documentation when making financial eligibility 
determination. 

(c) Once a patient [s determined to be financially 
eligible for the Program, that eligibility shall 
continue for one year. 

(d) The participating provider shall document 
each financial eligibility determination for breast 
and cervical cancer screening and follow-up 
services on a form provided by the Program. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
31 7, Public Health Services Act, as amended. 

.1204 MEDICAL ELIGIBILITY 

(a) Women who are age 40 or older are eligible 
to receive breast cancer screening and follow-up 
services. 



7:77 



NORTH CAROLINA REGISTER 



December 1, 1992 



1779 



PROPOSED RULES 



(b) Women less than 40 years of age are eligible 
for clinical breast examination, jn accordance with 
"The American Cancer Society Guidelines for the 
Cancer-related Check-up: Recommendations. " 
instruction in breast self-examination and follow-up 
services. 

(c) Women who have been sexually active or 
who are age 18 or older are medically eligible to 
receive cervical cancer screening and follow-up 
services. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317. Public Health Services Act, as amended. 

.1205 PARTICIPATING PROVIDERS 

The Program may contract with local health 
departments, public and non-profit private entities, 
institutions, and agencies in order to earn' out the 
purpose of the Program. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317 Public Health Services Act, as amended. 

.1206 PATIENT APPLICATION PROCESS 

Patients may apply for breast and cervical cancer 
screening and follow-up services at any participat- 
ing local health department or at the office of any 
other participating provider. A copy of the list of 
participating local health departments and other 
providers may be obtained from the Division of 
Adult Health. PO Box 27687. Raleigh. North 
Carolina 2761 1-7687 at no cost. 

Statutory Authority G.S. 130A-205. 



.1207 APPLICATIONS FOR PROGRAM FUNDS 

(a) Applications to contract for program funds shall be accepted, reviewed and approved or disapproved 
each fiscal year on a schedule established by the Program. 

(b) An application to contract for program funds must include information stating: 

( 1 ) Anticipated number of persons to receive services provided by the applicant, including any services 
provided through contractual or other arrangements under the proposed contract; 

(2) Assurance that the applicant will adhere to medical protocols provided by the Program for cervical 
and breast cancer screening and follow-up: 

(3) Assurance that the applicant will participate in educational opportunities provided by the Program, 
and other continuing education as appropriate: 

(4) Assurance that the applicant will submit minimum data elements to the Program on a quarterly 
basis according to the schedule provided by the Program; 

(5) Assurance that no woman at. or below, 100 percent of the Federal Proverty Guidelines shall be 
charged for services provided by this Program. Women between 100 percent and 200 percent of 
the Federal Poverty Guidelines may be charged a fee according to the following sliding scale: 

Gross Family Income As Percent Percent of Fee Patient 

Federal Poverty Guidelines May Be Charged 

< 100% 0% 



1780 7:17 NORTH CAROLINA REGISTER December 1, 1992 



( 



( 



♦ 



PROPOSED RULES 



> 100% - 125% 

> 125% - 150% 

> 150% - 175% 

> 175% - 200% 



20% 
40% 
60% 

80% 



The sliding fee scale must be posted in order for clients being served to view itj and 
(6) Assurance that the contractor will implement a patient referral and tracking protocol. 
(c) A contract shall be signed with each applicant who is approved for funding. The number of patients 
to be served under the contract will be negotiated annually with each contractor, approved by the Program, 
and included as an addendum to the contract. Contracts may be renewed upon expiration of the contract 
period upon determination of a continuing need for services in the area served, contractor performance, and 
the availability of funds. 

Statutory Authority G.S. 130A-205; Sec. 301 & 317. Public Health Services Act. as amended. 



.1208 USE OF PROGRAM FUNDS 

(a) Program funds shall be expended solely for 
the pur poses for which the funds were made 
available in accordance with the rules of this 
Section, the approved application, the negotiated 
contract objectives and budget, and the terms and 
conditions of the award. 

(b) A contractor that consistently fails to meet 
acceptable levels of performance as determined 
through site visits, review of performance reports, 
data submitted by the contractor, and other re- 
quirements of the rules of this Section and that has 
been offered program consultation and technical 
assistance, may have program funds reduced or 
discontinued. 

(c) Program funds shall be used to pay only for 
services not reimbursable by a third party payor. 
A participating provider must take reasonable 
measures to determine and subsequently collect the 
full legal liability of third party payors to pay for 
services covered by the Program before charging 
expenditures to the Program. 

Statutory- Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

.1209 QUALITY ASSURANCE 

(a) Facilities performing mammograms as a part 
of breast cancer screening and follow-up services 
under this Section shall be certified m accordance 
with Rules codified m K) NCAC 3W.0200 : 
Mammography Certification. After January _Li 
1 993 , facilities must be accredited by the Ameri- 
can College of Radiology for the performance of 
mammography. A copy of J_0 NCAC 3 W. 0200 
may be obtained from the Division of Adult 
Health, PO Box 27687, Raleigh, North Carolina 
2761 1-7687 at no cost. 

(b) Laboratories evaluating Pap smears as a part 



of cervical cancer screening and follow-up services 
under this Section shall be certified in accordance 
with rules codified in K) NCAC 3W.0100 -_ Pap 
Smear Certification. A copy of \0 NCAC 
3 W. 01 00 may be obtained from the Division of 
Adult Health, PO Box 27687, Raleigh, North 
Carolina 2761 1-7687 at no cost. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

I\ otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rules cited as 19 A 
NCAC 2E.0201 and .0210. 

1 he proposed effective date of this action is 
March 1. 1993. 

Instructions on How to Demand a Public Hearing: 
A demand for a public hearing must be made in 
writing and mailed to N. C. Department of Trans- 
portation. P. O. Box 25201. Raleigh. NC 27611. 
Attn: Emily Lee. Tlie demand must be received 
within 15 days of this Notice. 

Keason for Proposed Action: .0201: Additional 
conditions have been added to the definitions and 
clarifying phrases have been added. .0210: 
Revocation conditions have been clarified and 
conditions have been added. 

Ksomment Procedures: Any interested person may 
submit written comments on the proposed rule b\ 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1781 



PROPOSED RULES 



mailing the comments to: N. C. Department of 
Transportation, P.O. Box 25201, Raleigh. NC 
27611. Attn: Emily Lee, within 30 days after the 
proposed rule is published or until the date of any 
public hearing held on the proposed rule, whichev- 
er is longer. 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2E -MISCELLANEOUS 
OPERATIONS 

.0201 DEFINITIONS FOR OUTDOOR 
ADVERTISING CONTROL 

(a) Commercial or Industrial Activities for 
Unzoned Areas. Those activities generally recog- 
nized as commercial or industrial by zoning au- 
thorities in the state^ . and. in addition, any 

(1) Any commercial or industrial activity 
shall meet all of the following criteria 
to qualify an area unzoned commercial 
or industrial for the purpose of outdoor 
advertising control: 
(4- A) The activity shall have all privilege 
license(s) required by local, state, or 
federal authorities as required by law 
for that typo activity : 
(3B) The property used for the activity 
shall be listed for ad valorem taxes 
with the county and>or and municipal 
taxing authorities as required by law; 
(iC) The activity shall be served by avail- 
able utilities (power, telephone, wa- 
ter, and sewer); 
(4D) The activity shall have direct or indi- 
rect vehicular access (direct/indirect) 
and the activity s hall be a generator of 
vehicular traffic; 
(SE) The activity shall have a permanent 
building designed, built and/ or modi- 
fied for its current commercial or 
industrial use^ and the building must 
be located within 660 feet from the 
nearest edge of the right of way ; 
(6F) There shall be commercial or industri- 
al activity at the location six months 
before the area qualifies for sign(s): 
(3G) Employee(s) shall be on site during 
normal working hours which are 
considered usual, normal, andr-ef 
customary for that type activity; and 
(8H) There shall be a frequency of opera- 
tions which is considered usual, nor- 
mal and'-ef customary for that type 
commercial* 1 or industrial operation: 



and 
(I] The activity shall be visible and rec- 
ognizable as commercial or industrial. 
(92) For the purpose of controlling outdoor 
advertising, none of the following 
activities shall be commercial or indus- 
trial: 

(A) Outdoor advertising structures; 

(B) Agricultural, forestry, ranching, 
grazing, farming, and related activi- 
ties, including, but not limited to 
temporary wayside fresh product 
produce stands: 

(C) Transient or temporary activities; 

(D) Activities not visible from the main 
traveled way; 

(E) Activities more than 660 feet from the 
nearest edge of the right of way; 

(F) Activities conducted in a building 
principally used as a residence; 

(G) Railroad tracks and minor sidings: 
(H) Any outdoor advertising activity or 

any other business or commercial 
activity carried on in connection with 
an outdoor advertising activity^ 

(I) Any activity which is seasonal or not 
in operation for the twelve continuous 
months immediately preceding the 
application for an outdoor advertising 
permit; 

(J) Illegal junkyards, as defined in GS 
1 36- 1 46, and nonconforming 
junkyards as set out in GS 136-147. 



f44^ Aftv 



tg-n — erected — u s ing — tk — criteria 
s tipulated in Paragraph (a) of this Rule 
s hall — be — removed — at — the — owner's 
expense if any provision of Paragraph 
(a) of thi s Rule is violated or is no 
longer in existence within 2 4 months of 
the date of i ss uance of the permit. 

(b) Zoned Commercial or Industrial Areas. 
Those areas which are zoned for business, 
industry, commerce, or trade pursuant to a state or 
local zoning ordinance or regulation. 

(c) Unzoned Commercial or Industrial Areas: 
(1) Those areas which are not zoned by 

state or local law, regulation, or 
ordinance, and which are within 660 
feet of the nearest edge of the right-of- 
way of the interstate or federal-aid 
primary system in which there are 
located one or more permanent 
structures devoted to a commercial or 
industrial activity or on which a 
commercial or industrial activity is 



1782 



7:17 



XORTH CAROLIXA REGISTER 



December 1, 1992 



PROPOSED RULES 



(2) 



actually conducted, and the area along 
the highway extending outward 800 feet 
from and beyond the edge of such 
activity. Each side of the interstate 
and/ or federal-aid primary route shall 
be considered separately. 
All measurements shall begin from the 
outer edges of regularly used buildings, 
parking lots, storage or processing 
areas of the commercial or industrial 
activities, not from the property line of 
the activities, and shall be along the 
edge of pavement of the highway. 

(d) Traveled Way. The traveled way of a That 
part of a highway on which through traffic is 
carried. In the case of a divided highway, the 
traveled way of each of the separated roadways for 
traffic in opposite directions is a main traveled 
way. It does not include s uch facilitie s a s frontage 
roads, turning roadways, or parking areas. 

(e) Main-traveled Way. The traveled way of a 
That part of a highway on which through traffic is 
carried. In the case of a divided highway, the 
traveled way of each of the separated roadways for 
traffic in opposite directions is a main-traveled 
way. It does not include such facilities as frontage 
roads, turning roadways, or parking areas. 

(f) Sign. A sign is any Any outdoor sign, 
display, light, device, figure, painting, drawing, 
message, placard, poster, billboard, or other thing 
object which is designed, intended, or used to 
advertise or inform or any part of the advertising 
or information contents of which is visible from 
any part of the main-traveled way of the interstate 
or federal-aid primary highway system. 

(g) Maintain. To allow Allow to exist. 

(h) Scenic Area. A s cenic area is any Any area 
of particular — scenic beauty or historical 
significance as determined by the federal, state, or 
local officials having jurisdiction thereof, and 
includes interests in land which have been acquired 
for the restoration, preservation and enhancement 
of scenic beauty. 

(i) Parkland. Any publicly owned land which is 
designated or used as a public park, recreation 
area, wildlife or waterfowl refuge or historic site 
is a parkland . 

(j) Freeway. A freeway i s a A divided arterial 
highway for through traffic with full control of 
access. 

(k) Directional and Other Official Signs and 
Notices. Directional and other official s ign s and 
not i ce s include s only official s ign s and notices, 
Include public utility signs, service club and 
religious notices, and public service signs^ , and 



directional signs. 

(1) Official Signs and Notices. Official signs 
Signs and notices erected and maintained by public 
officers or public agencies within their territorial 
or zoning jurisdictions and pursuant to and in 
accordance with direction — er — authorization 
contained in federal, state, or local law for the 
purpose of carrying out an official duty or 
responsibility. Historical markers authorized by 
state law and erected by state or local government 
agencies or nonprofit historical societies may be 
considered official signs. 

(m) Public Utility Signs. Warning signs, 
informational signs, notices, or markers which are 
customarily erected and maintained by publicly or 
privately owned public utilities, as essential to 
their operations are public utility signs . 

(n) Service Club and Religious Notices. Signs 
and notices , whose erection is authorized by \aw- 
rclating which relate to meetings of nonprofit 
service clubs, — ef charitable associations^ or 
religious services ^ ,. which These signs -de shall 
not exceed eight square feet in area arc service 
club and religious notices . 

(o) Public Service Signs. Public service s igns 
are — s ign s Signs located on school bus stop 
sheltersT whichi signs comply with the following: 
(1) identify Identify the donor, sponsor or 
contributor of said shelters; 
contain Contain safety slogans or 
messages, which shall occupy not less 
than 60 percent of the area of the 
sign; 

contain Contain no other message; 
afe Are located on school bus shelters 
which are authorized or approved by 
city, county, or state law, regulation, 
or ordinance, and at places approved by 
the city, county, or state agency 
controlling the highway involved; and 
may May not exceed 32 square feet in 
area. Not more than one sign on each 
shelter shall face in any one direction. 
Directional Signs. Signs containing 
directional information about public places owned 
or operated by federal, state, or local governments 
or their agencies; publicly or privately owned 
natural phenomena, historic, cultural, scientific, 
educational, and religious sites; and areas of 
natural scenic beauty or naturally suited for 
outdoor recreation, deemed to be in the interest of 
the traveling public are directional s ign s. 

(q) Controlled-Access Highway. Highway on 
which access is entrance and exit accesses are 
permitted only at designated acce ss points. 



(2) 



(3) 

(4i 



(5) 



(P) 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1783 



PROPOSED RULES 



(r) On-premise Sign. A sign which advertises 
the sale or lease of property upon which it is 
located or a — s+g-n — which advertises activities 
conducted on the property upon which it is 
located. 

(s) Lease. An agreement, in writing, by which 
possession or use of land or interests therein is 
given by the owner to another person for a 
specified period of time. 

(t) Blank Sign. A sign with which contains no 
advertising message or which contains a message 
advertising its availability . 

(u) Abandoned Sign. A sign in which the sign 
owner no longer has an interest. Absence of a 
valid lease is one indication of an abandoned sign. 

(v) Destroyed Sign. A sign no longer in 
existence due to factors other than vandalism or 
other criminal or tortious acts. An example ef-a 
de s troyed sign would bo a sign is a sign which has 
been completely blown down by the wind. 

(w) Sign Conforming by Virtue of the 
"Grandfather Clause/'T A sign legally erected 
prior to the effective date of the Outdoor 
Advertising Control Act in a zoned or unzoned 
commercial or industrial area which does not meet 
the standards for size, spacing and lighting passed 
at a later date. 

(x) Conforming Sign. A sign legally erected in 
a zoned or unzoned commercial or industrial area 
which meets all current standards for size, spacing 
and lighting. 

(y) Dilapidated Sign. An existing sign shall be 
considered dilapidated when it is in disrepair, 
shabby or neglected, when it fails to be in the 
same form as originally constructed, or when it 
fails to perform its intended function of conveying 
a message. Conditions of dilapidation shall 
include, but not be limited to. structural support 
failure, signs not held as originally constructed, 
panels or borders missing or falling off, intended 
messages cannot be interpreted by the motoring 
public, or signs which are overgrown by 
vegetation. 

(z) Visible commercial or industrial activity. 
An activity that is capab l e of being clearly seen 
from the main-traveled way without visual aid by 
a person of normal visual acuity traveling at the 
posted speed and which is recognizable year-round 
as a commercial or industrial activity. 

(aa) Sign location. A sign location, for 
permitting purposes, shall be measured at the 
closest 1/ 100th of a mile, in conformance with 
Department of Transportation methods of 
measurement for all state roads. 



Statutory Authority G.S. 136-130; 136-147. 

.0210 REVOCATION OF PERMIT 

Any valid permit issued for a lawful outdoor 
advertising structure shall be revoked by the 
appropriate district engineer for any one of the 
following reasons: 



(li 



(2) 



(3) 



(4, 



(5. 



(6) 



(a) 



(b) 

(c) 
(d) 
(e) 



mistake of material facts by the issuing 
authority for which had the correct facts 
been made known, the outdoor 
advertising permit in question would not 
have been issued; 

misrepresentations of material facts by 
the outdoor advertiser on the application 
for permit for outdoor advertising; 
failure to pay annual renewal fees and/or 
or provide the documentation required 
under Rule .0207(c) of this Section; 
failure to construct the outdoor 
advertising structure and affix the 
permanent emblem within 180 days from 
the date of issuance of the outdoor 
advertising permit; 

any alteration of an outdoor advertising 
structure for which a permit has 
previously been issued which would 
cause that outdoor advertising structure to 
fail to comply with the provisions of the 
Outdoor Advertising Control Act and the 
rules and regulations promulgated by the 
Board of Transportation pursuant thereto; 
making alterations to a nonconforming 
sign or a sign conforming by virtue of 
the grandfather clause which would cause 
it to be other than substantially the same 
as it was on the date the sign became 
nonconforming, or a grandfather clause 
sign. Alterations to a sign which would 
cause it to be other than substantially the 
same as it was on the date the sign 



(7) 



became nonconforming or a grandfather 
clause sign include any of the following: 

enlarge s enlarging a dimension of the 

sign facing, or that raises raising the 

height of the sign; 

changing the material of the sign 

structure's support; 

adding a pole or poles; 

adding illumination: or 

making any other alteration of a 

nonconforming outdoor advertising 

structure or a sign conforming by virtue 

of a grandfather clause , 
failure to affix permanent permit emblem 
within 30 days after erection of the 



1784 



7:17 



\ORTH CAROLINA REGISTER 



December 1, 1992 



PROPOSED RULES 



(9) 



(10) 



(11) 



(12) 
(13) 



outdoor advertising structure; 
(8) unlawful destruction of trees or shrubs or 
other growth located on the right of way 
in order to increase or enhance the 
visibility of an outdoor advertising 
structure; 

unlawful violation of the control of 
access on interstate, freeway, and other 
controlled access facilities; 
failure to maintain a sign such that it 
remains blank for a period of 12 
consecutive months; 

failure to maintain a sign such that it 
reaches a state of dilapidation as defined 
in Rule .0201 (y) of this Section; 
abandonment or destruction of a sign^ 
violation of the criteria set out in Rule 
.0201(a) of this Section or when the 
criteria set out in Rule .0201(a) of this 
Section is no longer |n existence within 
24 months of the date of the issuance of 
the permit; 

( 14) failure to provide the appropriate district 
engineer with written notice of any 
proposed alteration to a nonconforming 
sign or a sign conforming by virtue of a 
grandfather clause; 

(15) failure to affix the name of the person, 
firm. or corporation owning or 
maintaining the outdoor advertising sign 
to the sign structure in sufficient size to 
be plainly visible in accordance with G.S. 
105-86(e); 

(16) failure to erect, maintain, or alter an 
outdoor advertising sign structure in 
accordance with the North Carolina 
Outdoor Advertising Control Act, codi- 
fied in G.S. 136. Articles 1 1 and 1 1 A. 
and the rules and regulations promulgated 
by the Board of Transportation; 

( 17) failure to maintain the permit emblem so 
that it is visible and readable from the 
main-traveled way. 

Statutory Authority G.S. 136-130; 136-134; 
105.86(e); 136-126 through 140.9. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARDS 

IVotice is hereby given in accordance with G.S. 
150B-21.2 that the Board of Examiners of Electri- 
cal Contractors intends to amend rules cited as 21 
NCAC 18B .0104, .0203. .0206. .0306. .0401. 



.0403, .1001. .1003, .1103 and repeal rule cited 
as 21 NCAC 18B .0703. 

1 he proposed effective date of this action is 
March 1, 1993. 

1 he public hearing will be conducted at 1:30 
p.m. on December 16, 1992 at the Board's Office 
at 1200 Front Street, Suite 105, Raleigh, NC 
27609. 

Ixeason for Proposed Actions: 

21 NCAC 18B .0104 - To update rule with current 
job titles. 

21 NCAC 18B .0203 - To update specifications for 
scope of qualifying examinations and delete obso- 
lete specifications. 

21 NCAC 18B .0206 - To allow flexibility in 
scheduling sites for regular semi-annual examina- 
tions. 

21 NCAC 18B .0306 - To clarify conditions of 
bona fide employee status under G. S. 87-43. 1 (3). 

21 NCAC 18B .0401 - To specify other financial 
information that will be considered by the Board 
pursuant to G.S. 87-43. 2(a)(4). 

21 NCAC 18B .0403 - To clarify that a place of 
business can be issued licenses in different classifi- 
cations where the place of business has one listed 
qualified individual who is qualified in different 
classifications. 

21 NCAC 18B .0703 - Reciprocal Agreement 
terminated effective July 16, 1992. 

21 NCAC 18B .1001 - To update listing of forms 
furnished by the Board. 

21 NCAC 18B . 1003 - To update listing of publica- 
tions available from the Board. 

21 NCAC 1 8B . 1 1 03 - To revise minimum require- 
ments for applicants to satisfy to be considered for 
approval as continuing education course instruc- 
tors. 

Ksomment Procedures: Any person interested in 



7:17 



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December 1, 1992 



1785 



PROPOSED RULES 



these rules may present oral comments relevant to 
the actions proposed at the public hearing or 
deliver written comments to the N. C. State Board 
of Examiners of Electrical Contractors, 1200 Front 
Street, Suite 105, Raleigh, NC 27609. not later 
than 12:30 p.m. on December 16, 1992. 

CHAPTER 18 - BOARD OF EXAMINERS 
OF ELECTRICAL CONTRACTORS 

SUBCHAPTER 18B - BOARDS RULES FOR 

THE IMPLEMENTATION OF THE 

ELECTRICAL CONTRACTING 

LICENSING ACT 

SECTION .0100 - GENERAL PROVISIONS 

.0104 AUTHORIZED LEGAL ACTION 
BY STAFF 

(a) The following members of the Board's staff 
are authorized to act on behalf of the Board in 
criminal and civil actions brought under the provi- 
sions of G.S. 87-48: 

(1) the Board's executive director; 

(2) the Board's field repre s entative coordi 
naton and examinations and field super- 
visor; and 

(3) the Board's field representa- 
tives /investigators . 

(b) These staff members, under the supervision 
of the Board's secretary-treasurer, shall have in 
addition to their other duties as set by the execu- 
tive director, the duty to assist the 
secretary-treasurer in maintaining a registry of all 
licenses issued to electrical contractors. 

(c) These staff members are authorized to give 
affidavits, act as plaintiffs, verify' complaints, sign 
criminal warrants, testify' in court or in other 
proceedings and to perform all other acts as may 
be required in criminal and civil actions. 

Statutory- Authority G.S. 87-40; 87-42; 87-43. 

SECTION .0200 - EXAMINATIONS 

.0203 EXAMINATION SCOPE 

(a) General. In addition to the examination 
scope specified in G.S. 87-42, qualifying examina- 
tions for each license cla s sification s classification 
shall include the basic North Carolina and federal 
laws and rules applicable to electrical contracting, 
including revenue license requirements and permit 
and inspection requirements. 

(b) Variation in Scope. The examinations for 
each license classification shall be based on a level 



of technical and practical knowledge concerning 
the safe and proper installation of electrical work 
and equipment which is appropriate and corre- 
sponds to the electrical contracting work autho- 
rized under each license classification. 

Statutory Authority G.S. 87-42; 87-43.3; 87-43.4. 

.0206 REGULAR SEMI-ANNUAL 
EXAME\ T ATIONS 

The executive director is authorized to arrange 
for regular semi-annual examinations to be held m 

the vicinities ef- — Raleigh, Ashcvillc and 

Williamston, N.C., during the months of March 
and September of each year. The Board may 
establish such other examination places and dates 
as it deems necessary. 

Statutory Authority G.S. 87-42; 87-43.3; 87-43.4. 

SECTION .0300 - DEFECTIONS AND 

EXPLANATIONS OF TERMS APPLICABLE 

TO LICENSING 

.0306 BONA FIDE EMPLOYEE 

(a) For the exemption for electrical work done 
as a bona fide employee of a license under G.S. 
87-43.1(3), the following conditions must be met: 

(1 ) The employing lic e n se e must hold a 

license — issued — by — the — Board. The 

restrictions of the license apply to both 
the licensee and any employee of the 
licen s ee. The restrictions of the 

employing licensee's license apply to 
any employee of the licensee. 

(2) The work performed by the individual 
must be performed a s an employee of 
the — licensee — during — the — hours — the 
individual — h — actually — working as an 
employee of the employing licensee, 
and must be restricted to the specific 
electrical work which the individual i s 
doing for, and in the name of, the 
licensee. The employing licensee shall 
have control and direction of the 
details, methods and manner of 
performing the electrical work being 
done by the employee. The manner of 
payment, if any, to the person shall not 
be the sole determining factor 
concerning whether the person is an 
employee. 

(3) The individual must r e c e ive 

compen s ation — from — the — employing 
licensee that i s reasonable related to the 



1786 



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PROPOSED RULES 



(4)- 



hour s worked or the work accomplished 
by the individual for the licen s ee. The 
electrical work shall be performed 
under the supervision and direction of a 
listed qualified individual who [s the 
employing licensee, or under the super- 
vision and direction of a listed qualified 
individual regularly employed by the 
employing licensee. 

The — related — compensation — mu s t — be 
reported by the employing licensee to 
the federal and s tate tax authoritie s a s 
earnings of the individual employee, 
with appropriate deductions taken and 
reported — f-ef — withholding — taxes — and 
FICA contributions. 



&- 



-c 



-the 



on s i s tent — w+th — applicable — law s , 
ind i vidual employee must be covered 
by the employing licen s ee' s workers' 
compen s ation insurance. 

(b) G.S. 87 4 3 and G.S. 87 4 3.2 are interpreted 
as setting out an additional requirement which 
must be met by subject parties in order to qualify 
for the employee exception. — Th es e s tatutes are 
interpreted to require that all electrical work done 
in the name of the employing licensee be per 
formed under the direction and s upervi s ion of a 
listed qualified individual regularly employed by 
the licensee. The Board may, at its discretion, call 
for satisfactory e vidence that this requirement ha s 
been or is being fulfilled with — re s pect to the 
individual employee and the specific work for 
which the exception i s claimed. The employing 
licensee, the employee, and every listed qualified 
individual of the licensee shall furnish any infor- 
mation the Board may require, including affidavits. 
to evaluate and determine a claim of employee 
exemption. 

(c) G.S. 87 4 3 and 87 4 3.2 are further interpret 
ed a s placing a joint respon s ibility on the employ 
ing licen s ee, the individual employee, and ever)' 
listed qualified individual to furnish any informa 
tion the Board may require to evaluate and deter 
mine a claim of employee exception. — Ordinarily, 
the employing lic e n s ee will be expected to provide 
information in affidavit form on a form furnished 
by the Board. 

(c) fd-> When the information furnished to the 
Board does not substantiate compliance with this 
Rule, the individual shall be deemed to be an 
independent contractor rather than an employee 
and shall be subject to G.S. Chapter 87. Article 4. 

fe) — When it i s determined that a claim of cm 
ployce exception is not in compliance with this 
Rule, the Board ha s the duty to determine what, if 



any . action s hall be taken with respect to the 
alleged employing licensee or the alleged individu 
al employee to assure compliance with the North 
Carolina Electrical Contracting Licensing Act. s o 
that the life, health, safety and propoerty of the 
public may be protected. 

Statutory Authority G.S. 87-42; 150B-11(1). 

SECTION .0400 - LICENSING 
REQUIREMENTS 

.0401 LICENSE APPLICANTS: 

REQUIREMENTS FOR EACH 
CLASSIFICATION 

(a) An applicant for an electrical contracting 
license in each of the license classifications shall: 

(1) submit a completed application to the 
Board on a form provided by the Board 
for the license classification involved; 

(2) submit the annual license fee for the 
license classification involved as pre- 
scribed in Rule .0404 of this Section; 
and 

(3) furnish the name, signature and social 
security number of at least one person 
to serve as the listed qualified individu- 
al for the applicant's license. 

(b) Corporation or Partnership. If the license 
applicant is a corporation or partnership, the 
application shall contain the names and titles of the 
officers or names of the partners, whichever is 
applicable. 

(c) Intermediate and Unlimited Classifications. 
License applicants in the intermediate and unlimit- 
ed classifications shall also furnish a bonding 
ability statement or a line of credit letter issued by 
a bank, savings bank, or savings and loan associa- 
tion pursuant to G.S. 87-43. 2(a)(4). 

(d) Special Classifications. A license applicant 
in the SP-EL, SP-PH, SP-WP, SP-ES or SP-SP 
classification must also include on the license 
application information verifying that the applicant 
is conducting a lawful business in the State of 
North Carolina in the license classification in- 
volved. 

Statutory Authority G.S. 87-42; 87-43.2; 87-43.3; 
87-43.4. 

.0403 SEPARATE LICENSE 
REQUIREMENTS 

(a) A separate license certificate and license fee 
shall be required for each separate place of busi- 
ness with at least one listed qualified individual 



7:17 



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1787 



PROPOSED RULES 



indicated thereon. No listed qualified individual 
shall be indicated on more than one license certifi- 
cate at the same time except where a place of 
business has one listed qualified individual with 
licenses issued jn different classifications , The 
listed qualified individual or individuals indicated 
on the separate licen s e certificate s hall be rcspon s i 
hie for s upervi s ing and directing the electrical 
work performed by the s eparate place of business 
covered under the certificate. 

(b) As used in G.S. 87-43, the term "each 
separate place of business" means: 

( 1 ) the one place of business of a firm in 
the case where an electrical contracting 
firm conducts its business from only 
one place; and 

(2) the principal place of business and each 
of the other places of business of a 
firm in the case where an electrical 
contracting firm is conducting its busi- 
ness from more than one place. 

Statutory Authority G.S. 87-42; 87-43; 87-43.2. 

SECTION .0700 - LICENSING 
RECIPROCITY 

.0703 RECIPROCITY: VIRGINIA 

Pursuant to the provi s ion s of Rule .0701 of this 
Section — and — the — formal — resolution — agreement 
between the Board and the Virginia State Board 
for Contractors, licensee s of the Virginia Board, 
whe — afe — non resident s of North — Carolina, — «e 
eligible to apply for and obtain a North Carolina 
e l ectrical contracting licen s e and North Carolina 
licen s ee s , who ar e non residents of Virginia, arc 
eligibl e to apply to the Virginia board and obtain 
a Virginia electrical contracting licen s e in cla ss ifi 
cation s a s pre s cribed in the following table: 



VIRGINIA LICENSEE 
ELIGIBLE FOR NORTH CAROLINA LICENSE 

Cla ss A 
L i m i ted, intermediate or un l im i ted 

NORTH CAROLINA LICENSEE 
ELIGIBLE FOR VIRGINIA LICENSE 



SECTION .1000 - DESCRIPTION OF 

FORMS, CERTIFICATES AND 

PUBLICATIONS 

. 1 00 1 FORMS PROVIDED BY THE BOARD 

(a) Examination Applications. An application is 
provided to a person wishing to apply to take a 
qualifying examination for an electrical contracting 
license. The application is designed for an appli- 
cant to furnish the following information: 

(1) date; 

(2) name, address and telephone number; 

(3) age; 

(4) social security number; 

(5) whether or not applicant has taken a 
qualifying examination previously; 

(6) classification of license for which appli- 
cant wishes to qualify and amount of 
application-examination fee; 

(7) educational background; 

(8) experience background; 

(9) character references; 
10) criminal convictions; 



Intermediate 



Cla ss A 

Unlimited 
Class A 

Statutory Authority G. S. 87-42; 87-50. 



(11) {46) other references or information 
applicant wishes the Board to consider; 

(12) {444 authorization for board to research 
all information submitted on or in 
support of applicant; and 

(13) f4-24 signature of applicant. 

(b) Examination Review Applications. Each 
failing examinee is provided a form for his use in 
applying for a detailed review of his failed exami- 
nation. This form is designed for the applicant to 
furnish the following information: 

(1) date; 

(2) name, address and telephone number; 

(3) social security number; 

(4) date he took his failed examination; 

(5) location in which he took his failed 
examination; 

(6) examination review fee; and 

(7) signature of applicant. 

(c) License Applicants. Each license applicant 
is provided with an application form for his use in 
initially applying for a license. The application 
form is designed for the applicant to furnish the 
following information: 

(1) classification of license for which he is 
applying; 

(2) name in which he wishes the license to 
be issued; 

(3) business mailing and location address; 

(4) business and home telephone numbers; 

(5) whether business is partnership or 
corporation and. if so, the names of the 



1788 



7:17 



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December 1, 1992 



PROPOSED RULES 



partners or the names and titles of 
officers of the corporation; 

(6) whether business is to be operated 
part-time or full-time; 

(7) names, signatures and social security 
numbers of the listed qualified individu- 
als to be indicated on the license; 

(8) annual license fee; 

(9) criminal convictions; 

( 10) 0) authorization for board to research 
all information submitted on or in 
support of application; 
<+Q) date; and 

12) f4-B signature and title of applicant. 

(d) License Renewal Applications. Each licens- 
ee is provided with an annual license renewal 
application prior to the expiration of his current 
annual license. This application form is designed 
for the licensee to furnish the following informa- 
tion: 

(1) name in which his license is currently 
issued; 

(2) whether license is to be renewed in 
same name or. if not, new name in 
which he wishes license to be renewed: 

(3) mailing and business location address; 

(4) business and home telephone numbers; 

(5) whether business is to be operated 
part-time or full-time; 

(6) whether business is partnership or 
corporation and, is if so, the names of 
the partners or the names and titles of 
officers m of the corporation; 

(7) names, signatures and social security 
numbers of the listed qualified individu- 
als to be indicated on new annual li- 
cense; 

(8) annual license fee; 

(9) authorization for board to research all 
information submitted on or in support 
of application; 

(10) date; and 

(11) signature and title of applicant. 

(e) Request for Change of Name or Address in 
Which License Is Issued. A licensee wishing to 
change his license name or address is furnished a 
form for his use in requesting a change of name or 
address. This form is designed for the licensee to 
furnish the following information: 

(1) name and address in which license is 
currently issued; 

(2) name and address in which license is to 
be reissued; 

(3) whether business is to be operated 
part-time or full-time; 



(4) whether business is partnership or 
corporation and, if so, the names of the 
partners or the names and titles of 
officers hi of the corporation; 

(5) certification of listed qualified individu- 
al by name and conditions of employ- 
ment; 

(6) name and title of person filing request 
and date of request; and 

(7) signature of listed qualified individual. 

(f) License Applications: South Carolina Reci- 
procity. These forms are designed for an applicant 
to furnish the same type of information as is 
provided on the forms described in Paragraphs (c) 
and (d) of this Rule, with the following additional 
information: 

( 1 ) name in which applicant's current South 
Carolina license is issued; 

(2) classification of applicant's South Caro- 
lina license; 

(3) number of current South Carolina li- 
cense; 

(4) statement from South Carolina Licens- 
ing Board for Contractors certifying the 
individuals who are qualified under the 
applicant's South Carolina license and 
the extent of each individual's qualifica- 
tions; and 

(5) names, signatures and social security 
numbers of the listed qualified individu- 
als on South Carolina license and to be 
indicated as such on North Carolina 
license. 

fg-) — Licen s e Application: — Virginia Reciprocity. 
The s e form s are de s igned for the applicant to 
furnish essentially the same type of information a s 
i s provided on the forms de s cribed in Paragraphs 
(c), (d) and (f) of thi s Rule. 

(g) ffr) License Application: Alabama Reciproc- 
ity. These forms are designed for the applicant to 
furnish essentially the same type of information as 
is provided on the forms described in Paragraphs 
(c). (d) and (f) of this Rule. 

(h) ft} License Application: Georgia Reciproci- 
ty. These forms are designed for the applicant to 
furnish essentially the same type of information as 
is provided on the forms described in Paragraphs 
(c), (d) and (f) of this Rule. 

ii) ij) Bonding Ability Statement. A bonding 
ability statement form is provided to an applicant 
wishing to obtain a license in either the intermedi- 
ate or unlimited classification. This form is to be 
completed by a bonding company duly licensed to 
issue performance bonds in North Carolina. The 
form is designed for the bonding company to state 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1789 



PROPOSED RULES 



its bonding experience with the applicant and 
amount of performance bond the bonding company 
would be willing to issue to the applicant at on the 
date the form is completed and signed. The 
signer's power of attorney must accompany the 
bonding ability statement form. 

(j) fk-) Certification of Listed Qualified Individu- 
al. This form is provided to any licensee or 
applicant for a license whose listed qualified 
individual is someone other than the licensee or 
applicant for a license. This form is designed for 
the licensee or applicant for a license to certify 
who will be the listed qualified individual for the 
licensee and that the listed qualified individual is, 
or will be, regularly employed by the licensee and 
has. or will have, the specific duty and authority to 
supervise and direct all electrical installation, 
maintenance, alteration or repair of any electric 
wiring, devices, appliances or equipment done in 
the name of the licensee. 

(k) fH Affidavit certifying Bona Fide Employee. 
This affidavit form is provided to any licensee 
whose relationship with his employees has been 
challenged and it is alleged that some someone 
other than his bona fide employee is engaged in 
electrical work under the auspices of his license. 
The form must contain the signature and title of 
the person completing the form and must be 
notarized. The form is designed for the licensee to 
furnish information establishing that: compliance 
with the requirements of Rule .0306(a)(2) and (3) 
of this Subchapter. 

<+) the per s on in question is employed by 

the licensee in the capacity of a me 
chanic (journeyman e l ectrician); 
■4b 



&>■ 



:mploy < 



cc — receives — compensation 
from the licensee which is reasonably 



)rkcd. 



related to the hour s worked, or 
work accompli s hed, by the employ 
for the licensee; 



#h= 



m- 



-t4+ 



-Mated 



-&€ 



e related compensation paid to 
employee — js — reported to — federal — and 
s tate tax authoritie s a s earning s of the 
individual employee with appropriate 
deduction s taken and reported for with 
holding taxes and F1CA contributions; 

f4) consistent — w4#i — applicable — laws. — the 

employee i s covered by the licen s ee' s 
workers' compensation insurance; and 

fS-) all work performed by the employee i s 

performed — under — the — direction — and 
s upervi s ion of a li s ted qualified individ 
ual regularly employed by the licensee. 



.1003 PUBLICATIONS AVAILABLE FROM 
THE BOARD 

The following publications are available from the 
Board: 

(1) Laws applicable to electrical contracting 
in the State of North Carolina; 

(2) Rules of the Board, including rules of 
general applicability and rules applicable 
to special restricted classifications; 

(3) Information booklet for persons applying 
to take the qualifying examination for an 
electrical contracting license in the limit 
cd, intermediate or unlimited each license 
classification: 

Annual Continuing Education Information 
Booklet; and 



ill 
15] 



£4) The National Electrical Code, NFPA 

70, at the current price. ; and 

The — North — Carolina — Building — Code, 



Volum e — W — Electrical, — at the current 
price. 

Statutory Authority G.S. 87-42; 150B-11. 



Snituton- Authority G.S. 87-42; 150B-11. 



1790 



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December 1, 1992 



PROPOSED RULES 



SECTION .1100 - CONTINUING EDUCATION 

.1103 MINIMUM REQUIREMENTS FOR COURSE INSTRUCTOR APPROVAL 

(a) Each course instructor shall submit an application for continuing education course instructor approval 
to the Board on a form provided by the Board by March 1 of the year prior to the license period (July 1 - June 
30) in which the course will be offered. The application shall include but is not limited to: 

(1) The name of the instructor; 

(2) Instructor's address and telephone number; 

(3) The name of the course sponsor; 

(4) Course title; 

(5) Course contact hours; and 

(6) Qualifications of instructor. 

(b) To qualify as an approv e d continuing education course instructor: 

f4-) The in s tructor shall have profe ss ional or trade experience evidenced by an appropriate licen s e, 

certification or degree; or 
<-3-) The in s tructor shall have other recognized experti s e in the electrical industry. 

(b) Beginning March 1^ 1994. no applicant shall be considered for approval as a continuing education 
course instructor unless the applicant satisfies at least one of the following: 

(1 ) Be a "qualified individual" as defined jn G.S. 87-41 . 1(1 ) and certified as such by the Board 
pursuant to G.S. 87-42. This applicant will be considered for approval as a continuing education 
instructor to teach courses in the same or lower license classification in which the applicant is 
certified as a "qualified individual" as follows: 

Unlimited ; Any License Classification 

Intermediate z Intermediate, Limited. SP-SFD and any SP- Restricted Classification 

Limited ; Limited, SP-SFD and any SP-Restricted Classification 

SP-Restricted ; Only in same SP-Restricted Classification 

(2) Have passed the Continuing Education Instructor Examination prescribed and conducted by the 
Board. This applicant will be considered for approval as a continuing education instructor to teach 
courses in any license classification. 

(3) Be a "qualified code-enforcement official" as defined in G.S. 143-151 .8(a)(5) and certified as such 
by the North Carolina Code Officials Qualification Board as holding qualifications for an electrical 
inspector in Standard Level III, Standard Level II or Standard Level I categories. This applicant 
will be considered for approval as a continuing education instructor to teach courses in license 
classifications as follows: 

Standard Level III : Any License Classification 

Standard Level II- Intermediate, Limited, SP-SFD and any SP-Restricted Classification 

Standard Level I ; Limited, SP-SFD and any SP-Restricted Classification. 

(4) Be found by the Board to have professional or trade experience or other special qualifications 
qualifying him to teach courses in the license classification or classifications determined by the 
Board. 

(c) The Board may deny an application if it finds that the applicant has failed to comply with the terms of 
any agreement as provided in Paragraph (g) of this Rule or the rules of the Board. 

(d) fe) The course instructor application shall be submitted together with the application for continuing 
education course sponsor approval as prescribed in Rule . 1 102 of this Section. 

(e) (#) The Board shall approve or deny applications at its April meeting. 

(f) fe) Appeals from denials shall be heard by the Board at a scheduled meeting in May. 

(g) ff-) Upon approval of the application, each approved instructor shall agree to conduct courses in 
accordance with this Section and shall indicate his agreement by signing a continuing education instructor 
agreement form provided by the Board. 

Statutory Authority G.S. 87-42: 87-44.1. 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1791 



PROPOSED RULES 






IXotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board for Licensing of 
Geologists intends to amend rule cited as 21 NCAC 21 .0107. 

1 he proposed effective date of this action is April 1 . 1993. 

1 he public hearing will be conducted at 2:00 p.m. on December 18. 1992 at 3733 Benson Drive, Raleigh, 
NC 27609. 

MVeason for Proposed Actions: Raise examination fee to more closely reflect overall costs. 

(comment Procedures: B\ correspondence to North Carolina Board for Licensing of Geologists, P.O. Box 
27402. Raleigh. NC 27611 or in person at 3722 Benson Drive. Raleigh. NC 27609. 

CHAPTER 21 - BOARD OF 
GEOLOGISTS 

SECTION .0100 - STATUTORY AND 
ADMINISTRATIVE PROCEDURES 

.0107 FEES 

(a) Completed application forms must be accompanied by the prescribed fee. Application fees will not be 
refunded regardless of Board approval or disapproval of the application. Prescribed fees shall be: 

( 1 ) application forms for licensing as a geologist, including a copy of the Geologists 
Licensing Act and Rules: $ 5.00 

(2) application for license: $ 50.00 

(3) examination: $ 50.00 

$ 100.00 

(4) application for license by comity: $ 50.00 

(5) biennial renewal of license: $ 70.00 

(6) biennial renewal of license of N. C. resident geologists practicing less than 

15 days per year: $ 30.00 

(7) replacement of license: $ 10.00 

(8) application for reinstatement of license: $ 50.00 

(9) licensed geologist stamp and seal: cost plus $ 5.00 

(10) application for corporate registration: $ 50.00 

(11) annual renewal of certificate of registration for corporations $ 25.00 

(12) registered geological corporation stamp and seal: cost plus: $ 5.00 

(b) All licenses will expire biennially on July 1. Biennial renewal fees received after July 1 and before 
September 1 of the year due shall be subject to the assessment of a late payment penalty of t e n dollars 
(S 10.00) twenty-five dollars ($25.00) . All certificates of registration for corporations will expire annually on 
July 1 . Annual renewal fees for certificates of registration for corporations received after August 1 and before 
December 31 shall be subject to a late payment penalty of t e n dollars ($10.00) twenty-five dollars ($25.00) . 

(c) Licenses that have not been renewed by September 1st may only be renewed by filing a reinstatement 
application and submitting a reinstatement fee. 

(d) Licenses that have been suspended under G.S. 89E-19 may be reinstated by filing a reinstatement 
application and paying the reinstatement fee. 

Statutory Authority G.S. 55B-2(6): 55B-10: 55B-11: 89E-5: 89E-8: 89E-10: 89E-12: 89E-13; 89E-19. 



1792 7:17 NORTH CAROLINA REGISTER December 1, 1992 



PROPOSED RULES 



IVotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina State Board of 
Opticians intends to adopt rule cited as 21 NCAC 
40 .0214. 

1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 9:00 
a.m. on January 15, 1993 at 412 N. Wilmington 
St., Raleigh, NC 27601. 

JtCeason for Proposed Action: Board needs 
codified, due-process procedures for handling 
complaints against licensees and applicants for 
licenses. 

(comment Procedures: Interested persons may 
present statements, orally and in writing, at the 
public hearing or in writing prior to the hearing by 
mail or hand delivery addressed to Mr. Willard V. 
Barnes, Administrative Director, NC State Board 
of Opticians, 412 North Wilmington Street, Ra- 
leigh, NC 27601. 

CHAPTER 40 - BOARD OF OPTICIANS 

SECTION .0200 - CONDUCT OF 
REGISTRANTS 

.0214 COMPLAINTS; PRELIMINARY 
DETERMINATIONS 

(a) A person who believes that any person, firm 
or corporation is in violation of any provision of 
G.S. 90, Article 17, or Title 2_L Chapter 40, of 
the North Carolina Administrative Code, may file 
a written complaint with the Board's staff. If the 
accused js subject to the jurisdiction of ffie Board, 
the complaint shall be handled pursuant to this 
Rule. 

(b) A complaint shall be handled initially by the 
Board's Administrative Director or his staff 
designee, who may dismiss it as unfounded, 
frivolous or trivial. 

(c) Unless the complaint is dismissed pursuant to 
Paragraph (b) of this Rule, the Administrative 
Director or his staff designee shall notify the 
accused of ffie complaint m writing. Such notice 
shall be sent by certified mail, return receipt 



requested; shall state the alleged facts as contained 
fn the complaint, or may enclose a copy of the 
complaint; and shall contain a request that the 
accused submit an answer in writing within 20 
days from the date the notice of ffie complaint is 
received by the accused. 

(d) If ffie accused admits to the charges, and if, 
in the opinion of the Administrative Director or his 
staff designee, the charges do not merit review by 
the Board's disciplinary committee, the Adminis- 
trative Director or hjs staff designee shall accept 
the accused's admission of guilt and shall issue a 
letter of caution or reprimand on behalf of the 
Board. The letter shall include an order to the 
accused to refrain from violating G.S. 90, Article 
1 7, or Title 2 1 , Chapter 40, of the North Carolina 
Administrative Code in the future. 

(e) If the accused admits to the charges, and if, 
in the opinion of the Administrative Director or his 
staff designee, the charges merit review by the 
Board's disciplinary committee, the Administrative 
Director or his staff designee shall refer the com- 
plaint to fhe committee. After reviewing the 
charges, the committee shall make a preliminary 
determination of the charges and shall recommend 
to fhe Board which of the actions listed in Para- 
graph (h) of this Rule should be taken. 

(f) If the accused does not respond to or denies 
the charges, the Board's Administrative Director 
or hjs staff designee shall investigate the allega- 
tions contained m the complaint, and the Adminis- 
trative Director or hjs staff designee may dismiss 
the complaint as unfounded, frivolous or trivial, or 
may refer the complaint, evidence and investiga- 
tive findings to ffie Board's disciplinary committee 
for review. From such review, the committee 
shall make a preliminary determination of the 
charges and shall recommend to fhe Board which 
of fhe actions listed in Paragraph (h) of this Rule 
should be taken. 

(g) The complaint, evidence, investigative 
findings and disposition of each case shall be 
placed m a permanent file of fhe accused. When 
a second complaint js filed against the accused 
during a period of JJ2 months, or a third complaint 
is filed against the accused during any period of 
time, the Administrative Director or his staff 
designee shall present the accused's file to the 
disciplinary committee for a review. From such 
review, the committee shall make a preliminary 
determination of fhe new complaint and recom- 
mend to fhe Board which of fhe actions listed m 
Paragraph (h) of this Rule should be taken. 

(h) In accordance with Paragraphs (e) through 
(g) of this Rule, the disciplinary committee shall 



7:77 



NORTH CAROLINA REGISTER 



December 1, 1992 



1793 



PROPOSED RULES 



receive and review the complaint and the accused's 
file, if applicable, shall make a preliminary deter- 
mination, and shall recommend to the Board that 
one of the following actions be taken: 



i I i the charges be dismissed as unfounded, 
frivolous or trivial; 

(2) a letter of caution be issued to the 
accused by the Board; 

(3) i_n a case of admission of guilt, a letter 
of reprimand be issued to the accused 
by the Board; or 

(4) the case be presented to the Board, 
excluding board members who partici- 
pated i_n the preliminary determination, 
for a contested case hearing, to be 
conducted in accordance with G.S. 
90-249 and G.S. 150B. Article 3A. and 
the rules of the Board. 

Statutory Authority G.S. 90-239; 90-249. 



1794 7:17 SORTH CAROLINA REGISTER December 1, 1992 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



ADMINISTRATION 



Motor Fleet Management Division 



/ NCAC 38 .0205 - Accident Reporting 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



09/1 7192 
10/15/92 



AGRICULTURE 

Structural Pest Control Division 

2 NCAC 34 .0406 - Spill Control 

Agency Responded 

Agency Revised Rule 
2 NCAC 34 .0603 - Waivers 

Agency Responded 

Agency Revised Rule 
2 NCAC 34 .0902 - Financial Responsibility 

Agency Responded 

Agency Revised Rule 

ECONOMIC AND COMMUNITY DEVELOPMENT 
Community Assistance 



RRC Objection 
No Action 
Obj. Removed 
RRC Objection 
No Action 
Obj. Removed 
RRC Objection 
No Action 
Obj. Removed 



07/16/92 
08/20/92 
10/15/92 
07/16/92 
08/20/92 
10/15/92 
07/16/92 
08/20/92 
10/15/92 



4 NCAC 19S .0101 - Overview and Purpose 
4 NCAC 19S .0102 - Definition 
4 NCAC 19S .0103 - Waiver 
4 NCAC 19S .0202 - Prohibited Costs 
4 NCAC 19S .0401 - Distribution of Funds 
4 NCAC 19S .1101 - Grant Agreement 
Agency Revised Rule 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
Obj. Removed 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Departmental Rules 

15A NCAC 1J .0204 - Loans from Emergency Revolving Loan Accounts 

15A NCAC U .0302 - General Provisions 

15 A NCAC 13 .0701 - Public Necessity: Health: Safety and Welfare 



RRC Objection 06/18/92 
RRC Objection 06/18/92 
RRC Objection 06/18/92 



Environmental Management 



15 A NCAC 2H .0801 - Purpose 

Agency Revised Rule 
15A NCAC 2H .0803 - Definitions 

Agency Revised Rule 



RR C Objec •tion 1 0/15/92 

Obj. Removed 10/15/92 

RRC Objection 10/15/92 

Obj. Removed 10/15/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1795 



RRC OBJECTIONS 



15 A NCAC 2H .0805 - Certification and Renewal of Certification 
Agency Revised Rule 

I5A NCAC 2L .0107 - Compliance Boundary- 
Agency Revised Rule 

15A NCAC 20 .0302 - Self Insurance 

Wildlife Resources and Water Safety 

ISA NCAC 101 .0001 - Definitions 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3R .3001 - Certificate of Need Review Categories 
Agency Revised Rule 



RRC Objection 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
06/18/92 



RRC Objection 10/15/92 



RRC Objection 
Obj. Removed 



10/15/92 
10/15/92 



Individual and Family Support 

10 NCAC 42C .3601 - Administrative Penalty Determination Process 

Agency Revised Rule 
10 NCAC 42T .0001 - Definitions 
10 NCAC 42T .0006 - Service Delivery 

Agency Revised Rule 

Mental Health: General 

10 NCAC 14C .1115- Funding Group Homes for Mentally Retarded Adults 
Agency Revised Rule 

10 NCAC 14K .0216 - Waiver of Licensure Rules 
Agency Revised Rule 

10 NCAC 14T .0101 - Scope 
Agency Revised Rule 

10 NCAC 14T .0103 - Advance Care Directives- 
Agency Revised Rule 

Mental Health: Other Programs 

10 NCAC 18D .0117 - Purpose and Scope 
Agency Revised Rule 

INDEPENDENT AGENCIES 

N.C. Housing Finance Agency 

24 NCAC 1M .0202 - Eligibility 

24 NCAC 1M .0204 - Selection Procedures 

24 NCAC 1M .0205 - Administration 

24 NCAC 1M .0206 - Program Fees 

24 NCAC 1M .0301 - Goal and Objectives 

24 NCAC 1M .0302 - Eligibility Requirements 

24 NCAC 1M .0303 - Tlireshold Review Criteria 

24 NCAC 1M .0306 - Funding Commitment 

24 NCAC 1M .0401 - Goals and Objectives 

24 NCAC 1M .0402 - Eligibility Requirements 



RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/15/92 

10/15/92 
10/15/92 
10/15/92 
10/15/92 



08/20/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 



RRC Objection 10/15/92 
Obj. Removed 10/15/92 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 



1796 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



RRC OBJECTIONS 



24 NCAC 1M .0403 - Threshold Review Criteria 

24 NCAC 1M .0404 - Ranking Criteria 

24 NCAC 1M .0405 - Agency Board Approval 

24 NCAC W .0101 - Purpose 

24 NCAC lO .0102 - Eligibility 

24 NCA CIO. 0201 - Application Procedures 

24 NCAC W .0202 - Selection Procedures 

24 NCAC lO .0203 - Administration 

INSURANCE 

Multiple Employer Welfare Arrangements 

11 NCAC 18 .0019 - Description of Forms 
Seniors' Health Insurance Information Program 

// NCAC 17 .0005 - SH11P Inquiries to Insurers and Agents 

JUSTICE 

General Statutes Commission 

12 NCAC 8 .0506 - Declaratory Rulings 
LABOR 

Occupational Safety and Health Act 

13 NCAC 7C .0108 - Building Code 

Rule Returned to Agency 
Agency Filed Rule with OAH 
13 NCAC 7C .0109 - Fire Prevention Code 
Rule Returned to Agency 
Agency Filed Rule with OAH 

LICENSING BOARDS AND COMMISSIONS 

Professional Engineers and Land Surveyors 

21 NCAC 56 .0501 - Requirement for Licensing 

Agency Revised Rule 
21 NCAC 56 .0502 - Application Procedure: Individual 

Agency Revised Rule 
21 NCAC 56 .0701 - Rules of Professional Conduct 

Agency Revised Rule 
21 NCAC 56 .1603 - Classification of Surveys 

Agency Revised Rule 
21 NCAC 56 . 1604 - Mapping Requirements 

Agency Revised Rule 
21 NCAC 56 .1605 - Classification of Topographic Surveys 

Agency Revised Rule 

REVENUE 



RRC 
RRC 
RRC 
RRC 
RRC 
RRC 
RRC 
RRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 



RRC Objection 06/18/92 



RRC Objection 06/18/92 



RRC Objection 10/15/92 



RRC Objection 



Effi 
RRC Objection 



09/1 7/92 
10/15/92 
10/22/92 
09/17/92 
10/15/92 
Ejf. 10/22/92 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1797 



RRC OBJECTIONS 



Individual Income. Inheritance and Gift Tax Division 



17 NCAC 3B .0401 - Penalties 
17NCAC 3B .0402 - Interest 

Individual Income Tax Division 



RRC Objection 08/20/92 
RRC Objection 08/20/92 



i 



17 NCAC 6B .0107 - Extensions 

17 NCAC 6B .0115 - Additions to Federal Taxable Income 

17 NCAC 6B .01 16 - Deductions from Federal Taxable Income 

17 NCAC 6B .01 17 - Transitional Adjustments 

1 7 NCA C 6B . 3406 - Refunds 



RRC Objection 
RRC Obj 
RRC Obj 
RRC Obj 
RRC Objection 



ection 
ection 
ection 



08/20/92 
08/20/92 
08/20/92 
08/20/92 
08/20/92 



TRANSPORTATION 



Division of Highways 



19A NCAC 2B .0164 - Use of Right of Way Consultants 

Agency Revised Rule 
19A NCAC 2B .0165 - Asbestos Contracts with Private Firms 

Agency Revised Rule 



RRC Objection 09/17/92 

Obj. Removed 10/15/92 

RRC Objection 08/20/92 

Obj. Removed 10/15/92 



i 



I 



1798 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals , Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



1 NCAC 5 A .0010 - ADMINISTRATIVE PROCEDURES 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared two portions 
of Rule 1 NCAC 5 A .0010 void as applied in Stauffer Information Systems, Petitioner v. Tlie North Carolina 
Department of Community Colleges and Tlie North Carolina Department of Administration, Respondent and 
Tlie University of Southern California, Intervenor-Respondent (92 DO A 0666). 

15A NCAC 19A .0202(d)(10) - CONTROL MEASURES - HIV 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 15A 
NCAC 19A .0202(d)( 10) void as applied in ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle), 
Steven Harris, and John Doe, Petitioners v. Commission for Health Services of the State of North Carolina, 
Ron Levine, as Assistant Secretary of Health and State Health Director for the Department of Environment , 
Health, and Natural Resources of the State of North Carolina, William Cobey, as Secretary of the Department 
of Environment , Health, and Natural Resources of the State of North Carolina, Dr. Rebecca Meriwether, as 
Chief, Communicable Disease Control Section of the North Carolina Department of Environment , Health, and 
Natural Resources, Wayne Babbitt Jr. , as Chief of the HIV/STD Control Branch of the North Carolina 
Department of Environment , Health, and Natural Resources, Respondents (91 EHR 0818). 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1799 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



KEY TO CASE CODES 



ABC Alcoholic Beverage Control Commission DST 

BDA Board of Dental Examiners EDC 

BME Board of Medical Examiners EHR 

BMS Board of Mortuary Science 

BOG Board of Geologists ESC 

BON Board of Nursing HAF 

BOO Board of Opticians HRC 

CFA Commission for Auctioneers IND 

COM Department of Economic and Community INS 

Development LBC 

CPS Department of Crime Control and Public Safety MLK 

CSE Child Support Enforcement NHA 

DAG Department of Agriculture OAH 

DCC Department of Community Colleges OSP 

DCR Department of Cultural Resources PHC 

DCS Distribution Child Support 

DHR Department of Human Resources POD 

DOA Department of Administration SOS 

DO.1 Department of Justice SPA 

DOL Department of Labor 

DSA Department of State Auditor WRC 



Department of State Treasurer 
Department of Public Instruction 
Department of Environment. Health, and 
Natural Resources 
Employment Security Commission 
Hearing Aid Dealers and Fitters Board 
Human Relations Committee 
Independent Agencies 
Department of Insurance 
Licensing Board for Contractors 
Milk Commission 

Board of Nursing Home Administrators 
Office of Administrative Hearings 
Office of State Personnel 
Board of Plumbing and Heating 
Contractors 

Board of Podiatry Examiners 
Department of Secretary of State 
Board of Examiners of Speech and Language 
Pathologists and Audiologists 
Wildlife Resources Commission 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Anne R. Gwaltney, Milton H. Askew. Jr. 

and Anna L. Askew 

v. 

EHR and Pamlico County Health Department 


89 DHR 0699 


Reilly 


07/17/92 


Eleanor R. Edgerton-Taylor 

v. 

Cumberland County Department of Social Services 


89 OSP 1141 


Morrison 


08/18/92 


Annette Carlton 

v. 

Cleveland County Department of Social Services 


90 OSP 0024 


Chess 


08/14/92 


Janice Parker Haughton 

v. 

Halifax County Mental Health. Mental Retardation. 

Substance Abuse Program 


90 OSP 0221 


West 


08/18/92 



1800 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Sarah P. Wilder 

v. 
N.C. State University 


90 OSP 0268 


Reilly 


11/03/92 


Carolina Water Service, Inc. 

v. 

EHR, Division of Environmental Management 


90 EHR 0415 


West 


09/11/92 


CSX Transportation, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


90 EHR 0628 


Reilly 


07/17/92 


Bruce Keeter 

v. 

Beaufort County Health Department 


90 EHR 0666 


Morgan 


07/28/92 


R. Anthony White 

v. 

Department of Human Resources 


90 CSE 0756 


Morgan 


10/05/92 


Christine Hill 

v. 

Crime Victims Compensation Commission 


90 CPS 0876 


Morgan 


08/24/92 


Tommy D. Hunt 

v. 

Department of Correction 


90 OSP 1011 


Morgan 


10/05/92 


Cherokee Resources, Inc. 

v. 

EHR, Division of Environmental Management 


90 EHR 1075 


West 


10/19/92 


Leslie W. Hall 

v. 

EHR, Division of Marine Fisheries 


90 EHR 1397 


Gray 


10/13/92 


JHY Concord, Inc. 

v. 
Department of Labor 


90 DOL 1421 


Morgan 


07/28/92 


Lick Fork Hills, Inc., Marion Bagwell, President 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 0023 


Morgan 


07/28/92 


Albert J. Johnson 

v. 

N.C. Victims Compensation Commission 


91 CPS 0038 


Morgan 


07/28/92 


Frank Beal, T/A Wild Wild West 

v. 

Alcoholic Beverage Control Commission 


91 ABC 0164 


Morgan 


09/10/92 


William B. Holden 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 0176 


Morgan 


08/18/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1801 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Brenda P. Price 

v. 

North Carolina Central University 


91 OSP 0219 


Morrison 


08/21/92 


Century Care of Laurinburg. Inc. 

v. 

DHR. Division of Facility Services. Licensure Section 


91 DHR 0257 


West 


06/30/92 


Kenneth E. Fletcher 

v. 

University of North Carolina at Greensboro 


91 OSP 0315 


Chess 


09/15/92 


Richard L. Gainey 

v. 

Department of Justice 


91 OSP 0341 


Becton 


08/10/92 


Wade Charles Brown. Jr. 

v. 

N.C. Crime Victims Compensation Commission 


91 CPS 0345 


Chess 


07/08/92 


Jackie Bruce Edwards 

v. 

DHR. Western Carolina Center 


91 OSP 0354 


West 


08/20/92 


Central Transport, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 0402 


Morrison 


09/25/92 


Robert C. Howell 

v. 

Department of Correction 


91 OSP 0407 


Morgan 


08/26/92 


Harvey Fertilizer and Gas Company 

v. 

EHR. Division of Environmental Management 


91 EHR 0446 


Morgan 


10/01/92 


Charles E. Roe 

v. 

Department of Environment, Health. & Natural Resources 


91 OSP 0520 


Nesnow 


07/23/92 


Jerry J. Parker 

v. 

Department of Correction 


91 OSP 0546 


Morgan 


08/26/92 


Deborah Binkley 

v. 

Crime Victims Compensation Commission 


91 CPS 0561 


Morgan 


10/02/92 


Air-A-Plane Corporation 

v. 

Department of Environment. Health, & Natural Resources 


91 EHR 0636 


Nesnow 


09/04/92 


Lisa M. Reichstein 

v. 

Office of Student Financial Aid, East Carolina University 


91 OSP 0662 


Nesnow 


06/24 92 



1802 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Hudson's "The Acres" Rest Home 

v. 

DHR, Division of Facility Services. Licensure Section 


91 DHR 0665 


Chess 


09/09/92 


Bobby R. Graham 

v. 

DHR, Caswell Center 


91 OSP 0695 


Nesnow 


09/21/92 


DHR, Division of Facility Svcs, Child Day Care Section 

v. 
Mary Goodwin, Jean Dodd, D/B/A Capital City Day Care 

Center 


91 DHR 0720 


Morgan 


07/30/92 


Kenneth Helms 

v. 

Department of Human Resources 


91 OSP 0729 


Chess 


07/15/92 


Lloyd C. Neely 

v. 

Department of Correction 


91 OSP 0756 


Morgan 


09/10/92 


Alcoholic Beverage Control Commission 

v. 

Daniels Investments. Inc., t/a Leather & Lace - East 

4205 Monroe Road, Charlotte, N.C. 28205 


91 ABC 0799 


Mann 


07/14/92 


Zelma Babson 

v. 

Brunswick County Health Department 


91 OSP 0804 


Gray 


08/14/92 


ACT-UP Triangle (AIDS Coalition to Unleash Power 

Triangle, Steven Harris, and John Doe 

v. 

Commission for Health Services of the State of N.C, Ron 

Levine, as Assistant Secretary of Health and State Health 

Director for EHR of the State of N.C, William Cobey, as 

Secretary of EHR of the State of N.C. Dr. Rebecca 

Meriwether, as Chief, Communicable Disease Control 

Section of the N.C. EHR, Wayne Bobbitt. Jr., as Chief of 

the HIV/STD Control Branch of the N.C. EHR 


91 EHR 0818 


Becton 


07/08/92 


Jane C. O'Malley, Melvin L. Cartwright 
v. 
EHR and District Health Department Pasquotank- 
Perquimans-Camden-Chowan 


91 EHR 0838 


Becton 


07/02/92 


Cheryl Veronica McNeal 

v. 

Criminal Justice Education & Training Stds Comm 


91 DOJ 0861 


Morgan 


09/22/92 


Thomas E. Vass 

v. 

James E. Long. Department of Insurance 


91 INS 0876 


Morrison 


08/14/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1803 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


William Paul Fearrington 

v. 

University of North Carolina at Chapel Hill 


91 OSP0905 


Reilly 


08/28/92 


Olde Towne Partnership and Tryon Realty Co. 

v. 

EHR, Division of Coastal Management 


91 EHR 0909 


Morrison 


09/16/92 


Gerald R. Pruitt 

v. 

Department of Correction 


91 OSP0933 


Gray 


09/14/92 


Jones Grading & Fencing, Inc. 

v. 
EHR. Solid Waste Management 


91 EHR 0956 
91 EHR 0324 


Nesnow 


09/28/92 


Grotgen Nursing Home, Inc., Britthaven. Inc. 

v. 

Certificate of Need Section, Div of Facility Svcs, DHR 


91 DHR 0964 
91 DHR 0966 


Nesnow 


07/06/92 


Ralph E. Brown 

v. 

Carla O'Konek, Department of Correction 


91 OSP 0970 


Morgan 


10/07/92 


Anthony J. Carter 

v. 

DHR, Division of Social Services. CSE 


91 CSE 0975 


Nesnow 


09/17/92 


Ramona S. Smith, R.N. 

v. 

N.C. Teachers7St Emps' Comp Major Medical Plan 


91 DST 0984 


Chess 


06/18/92 


Jarrett Dennis Swearengin 

v. 

DHR, Division of Social Services, CSE 


91 CSE 0986 


Becton 


09/14/92 


Charles H. Yates, Power of Attorney for Ruth Yates 

v. 
N.C. TeachersVSt Emps' Comp Major Medical Plan 


91 INS 1008 


Reilly 


08/21/92 


John McMillan 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1009 


Reilly 


10/01/92 


Walter McGlone 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1030 


Morrison 


07/13/92 


William < >scar Smith 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1042 


Gray 


07/24/92 


William Watson 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1047 


Becton 


07/08/92 



1804 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Robert D. Daniels Jr. 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1048 


Morrison 


08/27/92 


Joseph L. Wilmer 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1049 


Becton 


10/20/92 


Marie McNeill-Pridgen 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 1059 


Nesnow 


07/17/92 


Catawba Memorial Hospital 

v. 

DHR, Div of Facility Svcs. Certificate of Need Section 

and 
Frye Regional Medical Ctr. Inc. and Amireit (Frye), Inc. 

and 

Thorns Rehabilitation Hospital Health Services Corp. 

and 

Frye Regional Medical Ctr. Inc. and Amireit (Frye), Inc. 

v. 
DHR, Div of Facility Svcs, Certificate of Need Section 

and 

Thorns Rehabilitation Hospital Health Services Corp. 

and 

Catawba Memorial Hospital 


91 DHR 1061 
91 DHR 1087 


Reilly 


07/13/92 


Edward R. Peele 

v. 

Sheriffs" Education & Training Stds. Commission 


91 DOJ 1092 


Morrison 


08/18/92 


Willie Turner 

v. 

DHR. Division of Social Services, CSE 


91 CSE 1096 


Morrison 


10/23/92 


Charles Lawton Roberts 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1097 


Becton 


09/14/92 


William Torres 

v. 

Dept of Justice, Lacy H. Thornburg. Attorney General 


91 DOJ 1098 


Morrison 


08/07/92 


Wade A. Burgess 

v. 

DHR. Division of Social Services, CSE 


91 CSE 11 14 


Gray 


07/01/92 


Devoux A. Olliver 

v. 

Department of Human Resources, O'Berry Center 


91 OSP 1151 


Gray 


09/30/92 


Sammie L. Anderson 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1155 


Mann 


09/01/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1805 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NX'MBER 


ALJ 


FILED 
DATE 


Harry L. King 
v. 

Department of Transportation 


91 OSP 1162 


Morgan 


07/13/92 


Bobby M. Siler 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1169 


Morrison 


10/12/92 


Gilbert Lockhart 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1178 


Morrison 


07/30/92 


Isaac H. Galloway 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1190 


Reilly 


06/30/92 


Russell A. Barclift 

v. 

DHR. Division of Social Services, CSE 


91 CSE 1207 

92 CSE 0275 


Reilly 


06/30/92 


Barnabas D. Frederick 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1216 


Nesnow 


09/15/92 


Herman Edward Main II 

v. 

DHR. Division of Social Services. CSE 


91 CSE 1225 


Nesnow 


07/07/92 


Albert Louis Stoner III 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1244 


Gray 


07/01/92 


James E. Greene 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1245 


Nesnow 


07/14/92 


Joseph W. Harris 

v. 

DHR. Division ot Social Services. ( SI 


91 CSE 1247 


Morgan 


07/28/92 


Celvis M. Burns 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1256 


Mann 


09/01/92 


Rodney Powell 

v. 

DHR. Division of Social Services, CSE 


91 CSE 1257 


Morgan 


07/29/92 


Miles G. Griffin Jr. 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1270 


Gray 


08/27/92 


Gerald E. Anthony 

v. 

DHR. Division of Social Services, CSE 


91 CSE 1274 


Mann 


09/01/92 



1806 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Floyd L. Rountree 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1275 


Morgan 


07/22/92 


Ruth Smith Hensley Shondales 

v. 

ABC Commission 


91 ABC 1280 


Chess 


08/05/92 


William James Terry 

v. 

Victims Compensation Commission 


91 CPS 1302 


Morrison 


10/02/92 


Rasoul Behboudi 

v. 

DHR. Division of Social Services, CSE 


91 CSE 1313 


Morrison 


09/15/92 


John D. Gaines 

v. 
DHR, Division of Social Services, CSE 


91 CSE 1321 


Chess 


10/05/92 


City-Wide Asphalt Paving, Inc. 

v. 

Department of Environment. Health, & Natural Resources 


91 EHR 1360 


Chess 


07/01/92 


Alcoholic Beverage Control Commission 

v. 

Tre Three, Inc., T/A Crackers, 

Airport Rd., Rockingham, NC 28379 


91 ABC 1372 


Chess 


07/07/92 


Alcoholic Beverage Control Commission 

v. 

Rode Enterprises. Inc., T/A Jordan Dam Mini Mart 


91 ABC 1388 


Gray 


07/30/92 


Carol J. Brown-L 238-96-9304 for 

Joel A. Brown-M 350-70-9378 

v. 

DHR, Division of Social Services, CSE 


91 DHR 1397 


Morrison 


10/29/92 


Carlton M. Smith 

v. 

Department of Human Resources 


91 OSP 1419 


Reilly 


11/05/92 


Blythe M. Bragg 

v. 
University of North Carolina at Chapel Hill 


91 OSP 1421 


Nesnow 


09/08/92 


David W. Williams 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1423 


Morrison 


09/10/92 


Donald R. Allison 

v. 

DHR, Caswell Center 


91 OSP 1427 


Reilly 


06/30/92 



7:77 



NORTH CAROLINA REGISTER 



December 1, 1992 



1807 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Alfred Rees 

v. 

Department of Environment, Health. & Natural Resources 


92 EHR 0004 


Reilly 


09/03/92 


Mrs. S. 

v. 
Washington County Board of Education 


92 EDC 0023 


Mann 


08/28/92 


Rudolph Tripp 
v. 

Department of Correction 


92 OSP 0024 


Gray 


08/27/92 


Gonzalo Rodriquez T/A Gonzalo's Baile Mexicano 

227 S. Scales Street. Reidsville. NC 27323 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0026 


Chess 


10/01/92 


Lavern Fesperman 

v. 

Mecklenburg County 


92 OSP 0030 


Chess 


07/17/92 


Vale B. Sims 

v. 

Winston-Salem State University 


92 OSP 0031 


Gray 


10/13/92 


Paul J. Nonkes 

v. 

Halifax County Health Dept. (Jeff Dillard. Sanitarian) 


92 EHR 0058 


Becton 


08/28/92 


Carrolton of Williamston, Inc. 

v. 

DHR, Division of Facility Services, Licensure Section 


92 DHR 0071 


Becton 


08/19/92 


Ron C. W. Spencer 

v. 

Criminal Justice Education & Training Stds Commission 


92 DOJ 0076 


Morgan 


11/05/92 


Mattie S. Bryant 

v. 

Department of Transportation 


92 OSP 0081 


Reilly 


10/07/92 


Fred Jennings Moody Jr. 

v. 

Sheriffs' Education & Training Stds. Commission 


92 DOJ 0084 


Chess 


07/17/92 


Ronnie Lamont Donaldson 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0092 


Reilly 


07/27/92 


Vernice V. Battle 

v. 

Sheriffs' Education &. Training Standards Commission 


92 DOJ 0093 


Becton 


08/28/92 


Hudson's "The Acres" Rest Home 

v. 

DHR, Division of Facility Services. Licensure Section 


92 DHR 0100 


Chess 


09/04/92 



1808 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Marvin Helton, Jean Helton 

v. 

DHR, Division of Facility Services 


92 DHR 0102 


Chess 


08/14/92 


Leo Scott Wilson 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0112 


Reilly 


08/26/92 


Ray Charles Ramsey D/B/A Triples Night Club 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0116 
92 ABC 0360 


West 


10/12/92 


Peggy N. Barber 

v. 

The University of North Carolina at Chapel Hill 


92 OSP 0120 


Reilly 


07/13/92 


Luther Dawson Jr. 

v. 

DHR, Division of Facility Services 


92 DHR 0121 


Nesnow 


10/09/92 


Rodney A. Cranfill 
v. 
Dept of Labor, Division of Occupational Safety & Health 


92 DOL 0122 


Nesnow 


10/22/92 


Robert C. Thomas 

v. 

Sheriffs" Education & Training Stds. Commission 


92 DOJ 0130 


Chess 


10/02/92 


Alcoholic Beverage Control Commission 

v. 

John Wade Lewis, t/a Tasty Grill 


92 ABC 0145 


Nesnow 


07/15/92 


Licensing Board for General Contractors 

v. 

Wright's Construction, Inc. (Lie. No. 23065) 


92 LBC 0172 


Gray 


07/31/92 


Richard L. Banks 

v. 

Pasquotank-Perquimans-Camden-Chowan District Health 

Department (PPCC) & Department of Environment, 

Health, & Natural Resources 


92 EHR 0175 


West 


08/25/92 


America's Management Group, Inc. d/b/a America's 

Health Care of Nashville 

v. 

DHR, Division of Facility Services, Licensure Section 


92 DHR 0183 


West 


10/06/92 


Hudson's "The Acres" Rest Home 

v. 

DHR, Division of Facility Services, Licensure Section 


92 DHR 0186 


Chess 


09/04/92 


Ray Bryant 

v. 

Department of Labor, OSHA 


92 DOL 0187 


Nesnow 


08/07/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1809 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Herbert Hines Jr.. H & H 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0189 


Becton 


07/22/92 


William Stevenson 

v. 

Department of Correction 


92 OSP 0201 


Chess 


09 03/92 


Frances B. Billingsley 

v. 

Bd. of Trustees Teachers & St Employees Retirement Sys 


92 DST 0205 


Morgan 


08/18/92 


Glenn E. Myers 
v. 

Department of Correction 


92 OSP 0217 


Reilly 


09/14/92 


Lawrence Neal Murrill T/A Knox. 507 1st St SW, 

Hickory. NC 28602 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0220 


Chess 


08/03/92 


William Oats 

v. 

Elizabeth City State L'niversity 


92 OSP 0226 


Nesnow 


10/09/92 


Town of Denton 

v. 

Department of Environment. Health. &. Natural Resources 


92 EHR 0241 


Reilly 


07/30/92 


Alcoholic Beverage Control Commission 

v. 

Byrum"s of Park Road. Inc.. T/A Byrum's Restaurant 


92 ABC 0252 


Gray 


07/30/92 


Alcoholic Beverage Control Commission 

v. 
Leo's Delicatessen #2. Inc.. T/A Leo"s #2 


92 ABC 0255 


Gray 


07/30/92 


North Topsail Water &. Sewer. Inc. 

v. 

Department of Environment. Health. & Natural Resources 


92 EHR 0266 


Morrison 


08/12/92 


Raymond 0. and Rita Halle, and the Town of Boone 

v. 
EHR. Division of Land Resources 


92 EHR 0267 
92 EHR 0376 


Gray 


09/18/92 


James L. Stubbs 

v. 

Department of Correction 


92 OSP 0282 


Chess 


10/02/92 


Henry Thomas Tart 

v. 

DHR. Division of Social Services. CSE 


92 CSE 0283 


Nesnow 


09/15/92 


Virginia Devenny 

v. 

The University of North Carolina at Charlotte 


92 OSP 0301 


Reilly 


09/22/92 



1810 



7.1: 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Friends of Hatteras Island National Historic Maritime 

Forest Land Trust for Preservation, Inc. 

v. 

Coastal Resources Commission of the State of NC 

and 

Cape Hatteras Water Association, Inc. 


92 EHR 0303 


West 


10/19/92 


Henry Lane, D/B/A Emerald Health Care Acute Care Ctr 

v. 
DHR, Div of Facility Services, Certificate of Need Section 

and 

Bowman-Richardson Health Care, Inc. D/B/A Wilkes 

Senior Village 


92 DHR 0308 


Gray 


08/28/92 


Azmi Sider, Midtown Mini Mart 

v. 

EHR, Division of Maternal and Child Health, WIC Section 


92 EHR 0317 


Nesnow 


09/16/92 


Gerald G. Strickland 

v. 

Crime Control and Public Safety 


92 CPS 0320 


Chess 


09/10/92 


Charles Wesley McAdams 

v. 
Division of Motor Vehicles 


92 OSP 0332 


Gray 


10/13/92 


Jonathan L. Fann 

v. 

U.N.C. Physical Plant, Herb Paul, Louis Herndon, Dean 

Justice, Bruce Jones 


92 OSP 0363 


Becton 


08/19/92 


Douglas A. Bordeaux 

v. 

Department of Correction 


92 OSP 0378 


Chess 


07/10/92 


Clifton R. Johnson 

v. 

CTBerry Center, Department of Human Resources 


92 OSP 0381 


West 


07/08/92 


Southeastern Machine & Tool Company, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0386 


Becton 


07/20/92 


Louvenia Clark 

v. 
Edgecombe County Department of Social Services 


92 OSP 0402 


Reilly 


08/21/92 


Raleigh F. LaRoche 

v. 
Child & Family Services of Wake County 


92 OSP 0409 


Becton 


08/24/92 


Matthew R. Anderson 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0418 


Gray 


10/06/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1811 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Ellwin C. Wetherington Jr. 

v. 

DHR. Division of Social Services, CSE 


92 CSE 0419 


Morrison 


09/28/92 


Paul Reeves, Youth University Child Care 

v. 

Child Day Care Section, Division of Facility Svcs 


92 DHR 0424 


West 


08/21/92 


Mr. & Mrs. James C. Stanton 

v. 

Charlotte-Mecklenburg School System 


92 EDC 0430 


Nesnow 


08/04/92 


James Cooper Lewis 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0461 


Reilly 


09/15/92 


Virgil Blaine Poole 

v. 

Department of Correction 


92 OSP 0463 


Reilly 


11/03/92 


Alcoholic Beverage Control Commission 

v. 

Roy William Teague, T/A Jamie's 


92 ABC 0474 


Reilly 


10/15/92 


Alcoholic Beverage Control Commission 

v. 

508 Investors. Inc., t/a Johnathon's Restaurant 


92 ABC 0476 


Nesnow 


09/24/92 


Jon David Amundson 

v. 

Davidson County Mental Health 


92 OSP 0503 


Becton 


09/10/92 


Northview Mobile Home Park 

v. 

Department of Environment. Health, & Natural Resources 


92 EHR 0507 


Reilly 


07/13/92 


Nathan R. Harris 

v. 

DHR. Division of Social Services. CSE 


92 CSE 0512 


West 


11/12/92 


Yolanda Lynn Bethea 

v. 

DHR, Division of Social Services, CSE 


92 DCS 0513 


Becton 


08/14/92 


Frank Humphrey 

v. 

EHR, Division of Environmental Management 


92 EHR 05 1 4 


Morrison 


10/08/92 


Alice Hunt Davis 

v. 

Department of Human Resources 


92 OSP 0526 


West 


07/16/92 


Jimmy F. Bailey Sr. 

v. 

Department of State Treasurer. Retirement Systems Div 


92 DST 0536 


Morgan 


08/ 1 8/92 



1812 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Alcoholic Beverage Control Commission 

v. 

Partnership (Rollo Corrothers) t/a Corrothers Community 

Center and Private Club 


92 ABC 0539 


Mann 


10/19/92 


James R. Coley Sr. 

v. 

Department of Crime Control & Public Safety 


92 CPS 0551 


Morgan 


10/28/92 


Bramar, Inc., t/a Spike's 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0554 


Mann 


08/13/92 


Grady Lockhart Jr. 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0565 


Becton 


09/28/92 


Ralph J. Ogburn 

v. 

Private Protective Services Board 


92 DOJ 0571 


Nesnow 


08/07/92 


Clemon Evans, Glamor Inn 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0574 


West 


11/10/92 


George M. Hagans 

v. 

DHR, (Cherry Hospital) 


92 OSP 0583 


Morgan 


09/21/92 


Gilbert Todd Sr. 

v. 

Public Water Supply Section 


92 EHR 0586 


Morrison 


08/06/92 


Candance Y. Johnson 

v. 

Division of Motor Vehicles 


92 DOT 0589 


Becton 


08/24/92 


John W. Surles 

v. 
N.C. Crime Victims Compensation Commission 


92 CPS 0595 


Reilly 


07/13/92 


Michelle Umstead 

v. 

Crime Victims Compensation Commission 


92 CPS 0599 


Morrison 


10/26/92 


Alcoholic Beverage Control Commission 

v. 

Teresa Henderson Burnett T/A Tiffany's Lounge 


92 ABC 0611 


Gray 


11/05/92 


Alcoholic Beverage Control Commission 

v. 

Richard Henry Bradley T/A Nite Lite 


92 ABC 0613 


Gray 


10/30/92 


Pamela Jean Gass 

v. 

DHR, Division of Social Services, CSE 


92 DCS 0623 


Morrison 


08/14/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1813 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


J.W. Reed 

v. 
Department of Correction 


92 OSP 0638 


Morrison 


08/11/92 


Debra G. Conner 

v. 

Caswell Center, Department of Human Resources 


92 OSP 0647 


Morgan 


10/28/92 


Carson Davis 

v. 

Department of Correction 


92 OSP 0650 


Reilly 


08/10/92 


Kevin Stringer 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0651 


Gray 


10/23/92 


Luther Hall Clontz 

v. 

Western Carolina Center (NC of Human Resources) 


92 OSP 0652 


Becton 


09/10/92 


Private Protective Services Board 

v. 

Mark Andrew Perry 


92 DOJ 0662 


Becton 


09/10/92 


Stauffer Information Systems 

v. 

Department of Community Colleges and the N.C. 

Department of Administration 

and 

The University of Southern California 


92 DOA 0666 


West 


07/08/92 


Dortheia B. Marley 

v. 

Department of Correction 


92 OSP 0667 


West 


09/28/92 


Nancy J. Tice 

v. 

Administrative Off of the Courts, Guardian Ad Litem Svcs 


92 OSP 0674 


Morrison 


08/11/92 


L. Stan Bailey 

v. 

Chancellor Moran and UNC-Greensboro 


92 OSP 0679 


West 


07/10/92 


Arnold McCloud T/A Club Castle 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0681 


Morrison 


07/25/92 


Alcoholic Beverage Control Commission 

v. 
Alfonzo Damon T/A The New Zanza Bar 


92 ABC 0690 


Gray 


10/30/92 


Alcoholic Beverage Control Commission 

v. 
Nina Katheryn Delk, T/A Nina's Billiards 


92 ABC 0704 


Gray 


11/10/92 



1814 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Joyce Faircloth, T/A Showcase Lounge 

v. 
Alcoholic Beverage Control Commission 


92 ABC 0713 


Morrison 


07/25/92 


James B. Price 

v. 
Department of Transportation 


92 OSP 0725 


Mann 


09/02/92 


Dianne G. Brawley 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0729 


Gray 


11/05/92 


Edmonia Lang 

v. 

Carteret County Board of Education 


92 OSP 0736 


Mann 


08/28/92 


Beatrice Wheless 

v. 

Lise M. Miller, University Payroll Off, NC St University 


92 OSP 0744 


Morgan 


11/05/92 


Larry Bruce High 

V. 

Alarms Systems Licensing Board 


92 DOJ 0755 
92 DOJ 0785 


Nesnow 


08/25/92 


Ezra Meir 

v. 

EHR, Division of Environmental Management 


92 EHR 0764 


Morgan 


11/12/92 


Wyoming Gilliam 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0772 


Gray 


09/29/92 


Wilma P. Howard 

v. 

Bd of Trustees of the Teachers' & St Emp Retirement Sys 


92 DST 0787 


Becton 


11/09/92 


Timothy Wylie 

v. 

Department of State Treasurer, Retirement Systems Div 


92 DST 0793 


Morrison 


09/29/92 


Margaret Keys 

v. 

Crime Victims Compensation Commission 


92 CPS 0807 


Becton 


11/06/92 


Rosie W. Harrell 

v. 
Administrative Office of the Courts 


92 OSP 0846 


West 


09/17/92 


Resteyne M. Wilkinson 

v. 

Employment Security Commission 


92 OSP 0870 


Chess 


10/27/92 


Robert Aiken 

v. 

Department of Correction 


92 OSP 0872 


Gray 


09/25/92 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 1815 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Daniel N. Jones 

v. 

N.C. Victims Compensation Commission 


92 CPS 0879 


Chess 


08/28/92 


Paul Hunter 

v. 

Dorothea Dix Hospital 


92 OSP 0878 


Chess 


09/29/92 


David V. Cates 

v. 

Alarm Systems Licensing Board 


92 DOJ 0892 


Becton 


10/05/92 


Kiddie Kountry Day Care, Elaine Stephenson 

v. 

Public Water Supply System 


92 EHR 0901 


Becton 


10/28/92 


Larry E. Foreman, L. Reginald Caroon. Benny C. Leary, 
Zool Ireland. Mitchie Midgette, and Arthur Leary 

v. 

DHR, Division of Marine Fisheries 


92 EHR 0908 
92 EHR 0909 
92 EHR 0910 
92 EHR 0911 
92 EHR 0912 
92 EHR 0924 


Gray 


10/28/92 


Ronnie Campbell 

v. 

Department of Environment, Health. & Natural Resources 


92 EHR 0921 


Reilly 


11/16/92 


Larry Donnel Williams 

v. 
DHR, O'Berry Center 


92 OSP 0950 


Gray 


10/19/92 


Tomenah W. Hudson 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0983 


Reilly 


10/21/92 


Heritage Environmental Services, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 1039 


Gray 


10/27/92 


Piedmont Fiberglass Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 1057 


West 


11/09/92 


Jimmie Lee Thorne Jr. 

v. 

Victims Compensation Commission 


92 CPS 1059 


Nesnow 


10/20/92 



1816 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ALAMANCE 



IN THE OFFICE OF 

ADMINISTRATTVE HEARINGS 

92 ABC 0574 



CLEMON EVANS 
GLAMOR INN 

Petitioner. 



N. C. ALCOHOLIC BEVER4GE CONTROL 
COMMISSION 

Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing on September 29, 1992 in Raleigh, North Carolina before 
Administrative Law Judge Thomas R. West. 

APPEARANCES 

Petitioner appeared pro se. 

Respondent was represented by Chief Agency Legal Specialist, Larry S. Height. 

WITNESSES 
The following testified for the ABC Commission: 
Mike Ellington - ALE agent 
Sheriff Richard Frye - Sheriff, Alamance County 
The following testified for Petitioner: 
Clemon Evans 



Johnny Bruner 



EXHIBITS 



No exhibits were introduced at the hearing. 

ISSUE 

Respondent. N. C. Alcoholic Beverage Control Commission (hereafter "ABC") denied Petitioner's 
application for permits to sell malt beverages for consumption on premises and permits for the sale of 
unfortified wine. ABC disapproved the applications because of: 

"Local governmental objections and other evidence concerning the reputation of this location which 
show that this is not a suitable location to hold ABC permits and that operation of the applicants' business 
would be detrimental to the neishborhood." 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1817 



CONTESTED CASE DECISIONS 



Issue : Did ABC err by denying the applications? 

Answer : Yes. 

BURDEN OF PROOF 

The burden of proof is on Petitioner (hereafter "Evans") to show by the greater weight of the 
substantial evidence that ABC erred by denying the permits. 

Based on a preponderance of the substantial evidence admitted the undersigned Administrative Law 
judge finds the following to be the facts: 

FINDINGS OF FACT 

1 . ABC stipulated at the hearing that Evans is a suitable person to hold the ABC permits for which he 
applied. 

2. In early 1992, Evans applied for ABC permits to operate the Glamor Inn. The location is in a 
racially mixed area of Alamance County. The physical premises are owned by Johnny Bruner. 

3. On April 1, 1992, ALE agent Mike Ellington completed the standard investigation of the premises 
that is performed by ALE when someone applies for ABC permits. Ellington found no problems 
with: 

a. The physical layout of the premises; 

b. Parking. 

There are no violations pending against the establishment. Evans has a valied lease agreement with 
Bruner. Glamor Inn is located more than fifty (50) feet from any school or church. 

Evans is a citizen and resident of North Carolina. 

4. Subsequent to the ALE investigation. ABC issued a temporary permit to Evans on March 3, 1992. 

5. Sheriff Richard Frye is authorized by the Commissioners of Alamance County to respond to the ABC 
Commission regarding any objections Alamance County might have to the operation of an 
establishment with ABC permits. 

6. Sheriff Frye filed a form propounded by the ABC Commission known as a "Local Governmental 
Objection Form". Sheriff Frye indicated on the form he did not approve of either Evans or the 
location. 

7. As a result of Sheriff Frye's filing the objection. ABC denied Evan*s application for permits. The 
temporary permits expired approximately thirty (30) days after they were issued. 

8. Evans has never held ABC permits prior to the temporary permits issued in this case. During the 
time Evans held temporary permits, no violations occurred at Glamor Inn. No calls were made to 
any law enforcement agency regarding Glamor Inn. 

9. Sheriff Frye testified that citizens had petitioned him to oppose the issuance of permits at the locations 
at issue. The sheriff testified he would oppose the issuance of a permit to anyone at that location, 
but has no objection to Evans. The sheriff further testified that there have been no calls regarding 
disturbances at Glamor Inn. 



1818 7:17 NORTH CAROLINA REGISTER December 1, 1992 



CONTESTED CASE DECISIONS 



The undersigned has no reason to doubt any of the testimony set forth hereinabove. 

10. Prior to the time that Evans applied to operate Glamor Inn, an establishment known as "Ne's" was 
permitted by ABC to operate at the same physical location. "Ne's" was operated by Beatrice Ward. 
Ward is white. Evans is black. 

11. While Ward operated "Ne's", a sign stating "No Blacks Allowed" was posted in the window. The 
patrons of "Ne's" usually arrived via motorcycle. The patrons of "Ne's" were white. 

12. While Ward operated "Ne's", there were two homicides, numerous fights to which the Alamance 
County Sheriff responded, gunshots and loud music. 

13. During the time Evans operated Glamor Inn with ABC permits, it was open from 5 p.m. to 9 or 10 
p.m. on weekends, and on Sunday from 1 p.m. to 10 p.m. Evans had food, pool tables and beer. 

Evans operates Glamor Inn by himself. Saturday night was his best business period. Approximately 
thirty (30) people would be in Glamor Inn on Saturday night. 

14. Glamor Inn is patronized by blacks, whites and Mexicans. 

15. Evans stipulated at the hearing that he is withdrawing his application for unfortified wine. 

16. Within one quarter mile of Glamor Inn, four establishments sell beer. The establishments have not 
been the source of any calls to law enforcement agencies relating to violations of the ABC laws. 

17. ABC continues to oppose issuance of permits because of the reputation of the previous owner and the 
community's concern about operation of the establishment. 



Based on the foregoing, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . Evans is a suitable person to hold ABC permits for the sale of malt beverages for consumption on 
premises. 

2. The operation of "Ne's" was detrimental to the neighborhood in which it was located. 

3. The operation of establishments with ABC permits is not detrimental to the neighborhood at issue in 
this case. 

4. The operation of Glamor Inn by Evans for the one month during which he held permits was not 
detrimental to the neighborhood. 

5. It is arbitrary and capricious and otherwise erroneous to conclude that the operation of Glamor Inn 
by Evans would be detrimental to the neighborhood solely because the operation of "Ne's" by 
Beatrice Ward was detrimental. 

Based on the foregoing, the undersigned issues the following: 

RECOMMENDED DECISION 

The ABC Commission should issue a permit to Evans for the sale of malt beverages for consumption 
at Glamor Inn. 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1819 



CONTESTED CASE DECISIONS 



( )RDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
l50B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions and proposed findings of fact and to present oral and written arguments to the 
agency. G.S. 150B-40(e). 

A copy of the final agency decision or order shall be served upon each party personally or by certified 
mail addressed to the party at the latest address given by the party to the agency and a copy shall be furnished 
to his attorney of record. G.S. 150B-42(a). It is requested that the agency furnish a copy to the Office of 
Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Alcoholic 
Beverage Control Commission. 

This the 10th day of November, 1992. 



Thomas R. West 
Administrative Law Judge 



< 



( 



1820 7:17 NORTH CAROLINA REGISTER December 1, 1992 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF JOHNSTON 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

92 DST 0787 



WTEMA P. HOWARD, 

Petitioner. 



THE BOARD OF TRUSTEES OF THE 
TEACHERS' AND STATE EMPLOYEES' 
RETIREMENT SYSTEM. 

Respondent. 



RECOMMENDED DECISION 



This matter was heard before Brenda B. Becton, Administrative Law Judge, on September 25, 1992, 
in Smithfieid, North Carolina. 



APPEARANCES 



Petitioner: 



Pro se. 



Respondent: Alexander McC. Peters, Associate Attorney General, 
North Carolina Department of Justice, Raleigh. N. C. 

ISSUE 

Whether the Petitioner is obligated to repay to the Respondent $1295.17 in retirement benefits 
received from the Respondent after the Petitioner's retirement and her subsequent part-time employment with 
Johnston County Community College and Johnston County Public Schools. 

EXHIBITS 

The following exhibits offered by the Respondent were received in evidence: 

Rl. Computer print-out from the Respondent's file on the Petitioner showing salaries received from 
February, 1991 through July. 1992. 

R2. Page 15 from handbook, "Your Retirement System/How It Works," effective July 1, 1969. 

R3. Letter date May 16, 1973, from the Petitioner to the Respondent. 

R4. Letter dated May 24, 1973, from Helen Stewart of the Respondent to the Petitioner. 

FINDINGS OF FACT 

From official documents in the file, sworn testimony of the witnesses, and other competent and 
admissible evidence, it is found as a fact that: 

1. The Petitioner is a 84 year old former school teacher. She retired from employment with the State 
in 1973. 

2. Prior to her retirement, the Petitioner wrote the Respondent and requested that she be sent literature 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1821 



CONTESTED CASE DECISIONS 



regarding the retirement system. In response to the Petitioner's request, the 1969 version of the 
handbook titled, "Your Retirement System/How It Works," was sent to the Petitioner. 

3. Page 15 of the retirement handbook contains a section about re-employment by a unit of the 
Retirement System which reads as follows: 

If your re-employment starts or continues after you reach age 62 your 
retirement allowance will be reduced to the extent necessary (if any) so that 
the sum of your retirement allowance and earnings from employment for 
any year will not exceed your annual rate of compensation when you retired. 

4. The Petitioner does not recall ever receiving a copy of the Respondent's retirement handbook. 

5. Since her retirement in 1973, the Petitioner has taught part-time as a substitute teacher for the State 
and at a community college. 

6. As a result of the combined salaries earned by her at her two part-time jobs, the Petitioner exceeded 
the maximum income that a retiree is allowed to receive from employers participating in the state 
retirement system. 

7. The Petitioner's earning exceeded the maximum allowable amount for the months January through 
April, 1992. 

8. Once the Respondent discovered the problem, the Petitioner's benefits were suspended. The 
Petitioner, however, received her benefit in the amount of $1 ,295. 17 for February, 1992 which the 
Respondent has asked her to repay. 

9. The Petitioner was not aware that there was a limit on the amount she could earn working part-time 
for the state while receiving retirement benefits. She had assumed that her retirement benefit operated 
similar to Social Security benefits where there is no limitation on the amount earned after an 
individual reaches age 72. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the 
following: 

CONCLUSIONS OF LAW 



1. North Carolina General Statutes section 135-3(8)c provides that the retirement benefits payable to a 
person who retires on a service retirement and then is re-employed by an employer participating in 
the Retirement System must be suspended if the salary earned during the re-employment exceeds the 
maximum income that a retiree is allowed from employers participating in the Retirement System. 

2. Pursuant to section 135-3(8)c, the respondent was required to suspend the Petitioner's benefits during 
the months that her income exceeded the maximum amount allowed by statute, January through April. 
1992. 

3. The Petitioner contends that the Respondent's policy of counting state-system earnings but not 
counting non-state system earnings in calculating reductions in or termination of state retirement 
benefits violates the Equal Protection clause of the Fourteenth Amendment of the Unites States 
Constitution. The requirement that Petitioner's benefits be suspended if her earnings reach a certain 
level is not a policy decision or regulation promulgated by the Respondent, but a statutory 
requirement enacted by the legislature. An administrative law judge does not have jurisdiction to rule 
on the constitutionality of statutes enacted by our legislature. Therefore, the undersigned cannot rule 
upon the Petitioner's equal protection claim. 



1822 7:17 NORTH CAROLINA REGISTER December 1, 1992 



CONTESTED CASE DECISIONS 



4. The Respondent was required, pursuant to the provisions of section 135-3(8)c of the North Carolina 
General Statutes to suspend the Petitioner's retirement benefits for the period January, 1992 through 
April, 1992. The provisions of section 135-3(8)c are mandatory and the Respondent is given no 
discretion regarding the decision to suspend or terminate benefits. 

5. The retirement benefits received by the Petitioner for February, 1992 must be repaid to the 
Respondent. 

RECOMMENDED DECISION 

The Board of Trustees of the Teachers" and State Employees' Retirement System will make the Final 
Decision in this contested case. It is recommended that the Board adopt the Findings of Fact and Conclusions 
of Law set forth above and affirm its decision that the Petitioner is required to repay $1,272.62 in retirement 
benefits received by the Petitioner for the month of February, 1992. It is further recommended that the 
Petitioner be allowed to repay the Respondent in six (6) monthly installments. 

DISCUSSION 

The Petitioner maintains that she was unaware of the limitation on the amount she could earn and still 
receive retirement benefits. The Respondent, having included a reference to the income limitation in the 
handbook it distributes to employers participating in the Retirement System, appears to maintain that it has 
no further obligation to inform retirees of the income limitations. 

There is an underlying issue in this case of whether there exits a duty on the part of the Respondent 
to notify the members of the State Retirement Systems of the existence of income limitations on their 
entitlement to receive monthly retirement benefits, and the extent of the duty, if such a duty exists. There 
is no North Carolina law directly on point. 

It seems to the undersigned that the Respondent should be obligated to do more than include a 
reference to the income limitation in a handbook. This is especially true when the Respondent has no way 
of knowing whether or not the handbook actually reaches each member of the Retirement System since it does 
not distribute the handbook to its members, but relies on the employers to distribute it. 

Information as vital as the impact of income earned from re-employment with the State upon one's 
receipt of monthly retirement benefits should not be disseminated in such a haphazard fashion as that relied 
upon by the Respondent. In analogous situations, courts from other jurisdictions have required that 
limitations on benefits be plainly and clearly brought to the attention of the affected individuals, and a booklet 
briefly outlining limitations was found not to be sufficient notice to the affected parties. See, e.g. Russell 
v. Bankers Life Company , 46 Cal. App. 3d 405, 120 Cal. Rptr. 627 (1975). 

As long as income limitations continue to exist, the Respondent should be required to notify its retired 
members annually of what the income limitation is and provide a person whom affected persons can contact 
to obtain answers to any questions that might arise regarding the impact of such limitations on the receipt on 
monthly benefit checks. 

Furthermore, the result required by the law in this case is extremely harsh. Penalizing our senior 
citizens for continuing to make contributions of their time and valuable knowledge to society is a poor public 
policy decision and poor use of invaluable human resources. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh. N.C. 27611-7447. in accordance with North Carolina General 
Statutes section I50B-36(b). 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1823 



CONTESTED CASE DECISIONS 



NOTICE 

Before the Board makes the FINAL DECISION, it is required by North Carolina General Statutes 
section 150B-36(a) to give each party an opportunity to tile exceptions to this RECOMMENDED DECISION, 
and to present written arguments to those in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the 
Final Decision on all parties and to furnish a copy to the Parties' attorney of record. 

This the 9th day of November, 1992. 



« 



Brenda B. Becton 
Administrative Law Judge 



( 



I 



1824 7:17 NORTH CAROLINA REGISTER December 1, 1992 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandator}'. Tlie major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. Tlie other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



Architecture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant Examiners 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Art Examiners 14 

Dental Examiners 16 

Dietetics/Nutrition 17 

Electrical Contractors 18 

Electrolysis 19 

Foresters 20 

Geologists 21 

Hearing Aid Dealers and Fitters 22 

Landscape Architects 26 
Landscape Contractors . 28 

Marital and Family Therapy 31 

Medical Examiners 32 

Midwifery Joint Committee 33 

Mortuary Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 40 

Optometry 42 

Osteopathic Examination & Reg. (Repealed) 44 

Pharmacy 46 

Physical Therapy Examiners 48 
Plumbing. Heating & Fire Sprinkler Contractors 50 

Podiatry Examiners 52 

Practicing Counselors 53 

Practicing Psychologists 54 

Professional Engineers & Land Surveyors 56 

Real Estate Commission 58 

Refrigeration Examiners 60 

Sanitarian Examiners 62 

Social Work 63 
Speech & Language Pathologists & Audiologists 64 

Veterinary Medical Board 66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1 


Administration 


-1 


Agriculture 


3 


Auditor 


4 


Economic & Community Development 


5 


Correction 


6 


Council of State 


7 


Cultural Resources 


8 


Elections 


9 


Governor 


10 


Human Resources 


11 


Insurance 


12 


Justice 


13 


Labor 


14A 


Crime Control & Public Safety 


15A 


Environment, Health, and Natural 




Resources 


16 


Public Education 


17 


Revenue 


18 


Secretary of State 


19A 


Transportation 


20 


Treasurer 


21 


Occupational Licensing Boards 


-1-. 


Administrative Procedures 


23 


Community Colleges 


24 


Independent Agencies 


25 


State Personnel 


26 


Administrative Hearings 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



1825 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1992 - March 1993) 



Pages 



Issue 



1 - 105 1 April 

106 - 173 2 April 

174 - 331 3 May 

332 - 400 4 - May 

401 - 490 5 June 

491 - 625 6 - June 

626 - 790 7 July 

791 - 902 8 - July 

903 - 965 9 - August 

966 - 1086 10 - August 

1087 - 1154 11 - September 

1 155 - 1253 12 September 

1254-1350 13 October 

1351 - 1463 14 - October 

1464 - 1640 15 November 

1641 - 1720 16 November 

1721 - 1828 17 - December 

ADMINISTRATION 

Auxiliary Services, 4 

Motor Fleet Management Division. 794 

AGRICULTURE 

Gasoline and Oil Inspection Board. 336 

Pesticide Board. 1276 

Plant Industry. 904 

Structural Pest Control Committee. 332 

Veterinary Division. 342 

COMMUNITY COLLEGES 

Community Colleges, 1535 
General Provisions. 1531 
Miscellaneous Programs. 1598 

CULTURAL RESOURCES 

U.S.S. Battleship Commission. 911 

ECONOMIC AND COMMUNITY' DEVELOPMENT 

Banking Commission. 629. 1467 
Community Assistance, 909, 968 
Departmental Rules, 801 

ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 

Adult Health. 1199 

Coastal Management. 21 I. 655. 1098. 1507 

Departmental Rules. 826 

Environmental Health. 223 

Environmental Management, 190, 416. 500. 644. 830. 1013. 1487 

Governor's Waste Management Board. 564. 920, 1197 

Health: Epidemiology. 140. 1212 



1826 



7:17 



NORTH CAROLINA REGISTER 



December 1, 1992 



VBHH 

CUMULATIVE INDEX 



Health: Personal Health, 1217 

Health Services, 52, 659, 1 174, 1736 

Marine Fisheries, 530 

NPDES Permits Notices, 1, 107 

Radiation Protection, 136, 1520 

Sedimentation Control, 920 

Vital Records, 565 

Wildlife Resources Commission, 28. 133, 408, 449, 551. 921, 1299, 1414, 1658, 1736 

Wildlife Resources Commission Proclamation, 176 

FINAL DECISION LETTERS 

Voting Rights Act, 106. 174, 406, 493. 628, 793, 966. 1090, 1275. 1465, 1644, 1721 

GENERAL STATUTES 

Chapter 150B, 1254 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 401, 491. 626, 791, 903, 1087, 1155, 1351, 1464, 1641 

HUMAN RESOURCES 

Aging, Division of, 121, 346 

Day Care Rules, 123 

Economic Opportunity. 5 

Facility Services, 111, 177, 496, 634, 980, 1352, 1647 

Medical Assistance, 4. 415, 496, 816, 989, 1156, 1295. 1391, 1649. 1723 

Mental Health, Developmental Disabilities and Substance Abuse Services, 111, 297, 409, 809, 1092, 1276 

Social Services Commission, 183, 911, 1471 

INDEPENDENT AGENCIES 

Housing Finance Agency, 450, 576, 928, 1219 

INSURANCE 

Actuarial Services Division. 1411 

Agent Services Division, 1410 

Consumer Services Division, 125, 1157 

Departmental Rules, 7. 1095, 1405 

Engineering and Building Codes, 19, 643 

Financial Evaluation Division, 1 162 

Fire and Rescue Services Division, 17, 1406 

Hearings Division, 124, 1096 

Life and Health Division, 22, 347. 1 167 

Medical Database Commission, 1650 

Property and Casualty Division, 20 

Seniors' Health Insurance Information Program, !32 

JUSTICE 

Alarm Systems Licensing Board. 27. 189, 643, 919, 1414, 1486, 1732 

Criminal Information. 1097 

General Statutes Commission. 353 

Private Protective Services, 918, 1731 

Sheriffs Education and Training, 990 

State Bureau of Investigation. 188. 499. 1413 

LICENSING BOARDS 

Architecture, 1111 



7:17 NORTH CAROLINA REGISTER December 1, 1992 1827 



CUMULATIVE INDEX 



Certified Public Accountant Examiners, 355 

Chiropractic Examiners, 1416 

Cosmetic Art Examiners, 360, 922, 1669 

Dietetics/Nutrition, 923 

Electrical Contractors, 1785 

Electrolysis Examiners, 69, 700 

Geologists, 1792 

Medical Examiners, 1304, 1417 

Nursing, Board of, 232. 700, 1528 

Opticians. 1793 

Pharmacy, Board of, 1418 

Professional Engineers and Land Surveyors, 566 

Speech and Language and Pathologists and Audiologists, 705 

LIST OF RULES CODIFIED 

List of Rules Codified. 72, 362. 452, 584, 1671 

PUBLIC EDUCATION 

Departmental Rules, 1 108 

Elementary and Secondary, 852, 1108, 1666 

REVENUE 

License and Excise Tax, 712 
Motor Fuels Tax, 361 

STATE PERSONNEL 

Office of State Personnel, 237, 705. 1113. 1419 

TAX REVIEW BOARD 

Orders of Tax Review, 494 

TRANSPORTATION 

Highways, Division of. 228, 856, 1062, 1110. 1669, 1781 
Motor Vehicles. Division of, 68, 142 



i 



i 



i 



1S28 7:17 NORTH CAROLINA REGISTER December 1, 1992 



NORTH CAROLINA ADMINISTRATIVE CODE 



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